How the DOJ Calculates Damages in FCA Cases

Federal Bar Association Qui Tam Section Roundtable

Tuesday, May 11, 2021
12:00 PM-1:00 PM EST

The False Claims Act requires a losing defendant to pay three times actual damages to the government. During settlement negotiations, however, the DOJ offers a lower damages multiplier to facilitate a deal. What factors affect this multiplier offer — and can it be bargained down? Are there centrally enforced limits, or do individual prosecutors have latitude? What about the damages amount that’s subject to the multiplier: How negotiable is that? How does DOJ account for litigation risk and a defendant’s cooperation? And what role do relators have in this discussion, if any? Jason Mehta of Bradley, a member of our section’s advisory board and a former AUSA in M.D. Fla., will lead a frank talk with four current and former DOJ officials to address all these questions.

Other Speaker(s)

Jacob Elberg (Associate Director, Center for Health and Pharmaceutical Law, Seton Hall Law School)

Mary Kruger (Assistant U.S. Attorney, Western District of Texas)

Lisa Noller (Partner, Foley & Lardner LLP)

Sonya Rao (Partner, Morgan Verkamp LLC)

Webinar Details

For more information on this webinar, visit the Federal Bar Association Qui Tam Section Roundtable event page.