The False Claims Act: Recent Developments

Under the False Claims Act ("FCA"), the United States can impose treble damages and enormous civil penalties on companies and individuals across the business spectrum, from government contractors and financial institutions, to healthcare providers, manufacturers, and importers. Recoveries under the FCA now average close to $5 billion per year, with most of the Justice Department's FCA docket stemming from cases initiated under the qui tam provisions of the FCA, which enable individuals to bring suit in the name of the United States. Moreover, an increasing number of false claims cases are based not on "fraudulently" inflated invoices or "knowingly" faulty products as one might expect, but on regulatory compliance issues common to most businesses. 

This course, presented by Doug Baruch, practice group leader of Fried Frank's False Claims Act and FIRREA practice, and Jenny Wollenberg, a senior member of Fried Frank's False Claims Act and FIRREA practice, provides a brief overview of the FCA and then details significant recent developments in the FCA arena, including the implications of a new Justice Department policy concerning individual accountability for corporate wrongdoing.

Learning Objectives:

I.     Gain a basic understanding of the FCA, including its qui tam provision

II.    Receive practical guidance to help reduce risk when facing allegations under the FCA

III.   Assess a new Justice Department policy and its potential implications for internal investigations and FCA litigation

IV.   Acquire an awareness of relevant legal developments, including those stemming from the Supreme Court