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The federal False Claims Act (FCA) continued to be a significant focus of government and whistleblower activity in 2021. The U.S. Department of Justice reported numerous settlements and judgments from FCA cases involving multiple industries throughout the country. As in recent years, the statute continues to be an important tool for the government and an opportunity for qui tam whistleblowers. In fact, the FCA has allowed the government to collect over $50 billion since 1986, the year the whistleblower provisions were strengthened. With an additional $2 trillion dollars in stimulus funds related to COVID-19 relief distributed to companies across the country, there is increased FCA scrutiny these recipients, along with the traditional healthcare, defense, and procurement sectors. This presentation will provide an overview of the FCA and its procedures, as well as discuss recent and noteworthy FCA decisions from across the country.
Please join Stacy L. Brainin and Bill Morrison of Haynes and Boone, LLP and Sean McKenna of Spencer Fane, LLP as they discuss:
- The Department of Justice’s FCA activity during fiscal year 2021 [15 minutes];
- DOJ initiatives relating to ongoing issues and COVID-19 funds [5 minutes];
- Recent settlements in key FCA cases [5 minutes];
- An overview of judicial decisions interpreting the FCA [30 minutes]; and
- What to expect in 2022 [5 minutes].
Program Level: Update.
Intended Audience: In-house counsel, outside attorneys, and allied professionals interested in procurement, healthcare, litigation, government enforcement and qui tam matters.
Prerequisites: An interest in government investigations and government contracting.
Advanced Preparation: None.