Analysis

FCA's Epic Run In 2010s Will Be Hard To Match In 2020s

Law360 (January 24, 2020, 6:32 PM EST) -- After soaring to unprecedented prominence during the 2010s, the False Claims Act is flying into the 2020s against new headwinds, including executive branch actions to curtail cases, diminished litigation fodder and nettlesome decisions by the U.S. Supreme Court.

The FCA's dazzling decade generated $38 billion for taxpayers, more than double the $18 billion collected in the prior 10 years. The eye-popping amount came on the heels of statutory changes in 2009 and 2010 that widened the fraud law's reach and strengthened the ability of whistleblowers — crucial engines of FCA enforcement — to pursue cases.

"We saw an immediate uptick of...

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