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Inside The New FCA Cooperation Credit Guidelines

Law360 (May 17, 2019, 2:30 PM EDT) -- On May 7, 2019, the U.S. Department of Justice issued formal guidance to the DOJ’s False Claims Act litigators on the circumstances in which the DOJ will grant credit for cooperation during FCA investigations.[1] The guidance explains the factors that the DOJ considers in determining whether to award cooperation credit in FCA investigations and the types of credit available.[2]

Under the guidance, cooperation credit in FCA cases may be earned by voluntarily disclosing misconduct unknown to the government, cooperating in an ongoing investigation or undertaking remedial measures in response to a violation of the FCA. Aside from taking these steps, a...

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