FCA Settlement Data Shows Need For Comprehensive Reform

By Jacob T. Elberg (February 19, 2019, 5:04 PM EST) -- Based on recent statements, the U.S. Department of Justice seems poised to provide much needed guidance regarding the manner and extent of corporate cooperation credit in False Claims Act cases. Examination of newly available data, however, demonstrates that more wide-ranging, structural changes are necessary: The data raises substantial questions not only about the credit given for cooperation, but about what the DOJ values in resolving FCA cases and whether there is appropriate consistency for cases handled by U.S. attorneys' offices across the country.

The analysis reveals that a detailed structure for DOJ's calculations in FCA settlements, with calculations transparent in each...

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