Analysis

DOJ's Slumping FCA Hauls Cloud Future Recovery Prospects

Law360 (January 11, 2019, 6:36 PM EST) -- The U.S. Department of Justice’s ho-hum performance last year in False Claims Act litigation marked its second straight year of sagging recoveries, sparking questions about whether the DOJ can revive its glory days of blockbuster FCA hauls.

With assistance from whistleblowers, the government recouped $2.9 billion in 2018, the smallest annual sum for FCA cases in nearly a decade. The number also represented a 17 percent dip from the $3.5 billion tally in 2017, which in turn represented a 30 percent dip from the nearly $5 billion clawed back in 2016.

Against the backdrop of the past decade, when increasingly successful...

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