Analysis

FCA Cooperation Guidance Still Missing Key Details

By Daniel Wilson (May 8, 2019, 10:33 PM EDT) -- New Justice Department guidance that breaks down how targets of False Claims Act suits can get credit for helping investigators is a welcome step for defendants and their lawyers, but the new rules lack concrete details on the benefits of cooperation, experts say.

Many entities subject to the FCA were looking for specific information about how much of a benefit they would be entitled to for specific types of cooperation, similar to the scoring system used for calculating fines under federal criminal sentencing guidelines and outlined in other similar recent DOJ guidance documents, said Jacob Elberg, an associate professor at Seton...

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