Emerging Trends In FCA Enforcement: 2018 Outlook

By Vince Farhat, Juan Rodriguez and Samuel Stone (February 12, 2018, 11:38 AM EST) -- While financial recoveries under the federal False Claims Act continued at a fast pace last year, the U.S. Department of Justice started 2018 with a proverbial "bang" by issuing new internal guidance directing government lawyers to consider filing motions to dismiss FCA qui tam actions where the government declines to intervene. The DOJ also issued guidance prohibiting government lawyers from relying on a defendant's failure to comply with other agencies' guidance documents as a basis for proving violations of applicable law in affirmative civil enforcement actions.

These new DOJ policies, together with ongoing developments concerning the elements of scienter and materiality stemming from...

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