There is an “I” in Whistleblower and Penalties: Individual Employees Played Key Roles in 2021 False Claims Act Cases

After obtaining more than $5.6 billion in settlements and judgments from False Claims Act (“FCA”) lawsuits, the largest amount since 2014, it is clear that individuals—both individual plaintiffs (whistleblowers) and individual defendants—are playing key roles in FCA cases. Individual whistleblowers were responsible for a substantial percentage of 2021 suits, helping the government enforce FCA provisions against companies across all sectors. Whistleblowers filed almost 600 qui tam suits in 2021, and whistleblower-filed suits resulted in over $1.6 billion of the settlements and judgments. Considering the financial incentives for individuals to bring qui tam suits, it is essential for companies to be on high alert for FCA issues and qui tam warning signs. To keep you apprised of the current enforcement trends and the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2021 Year in Review, our tenth annual review of significant FCA cases, developments and trends.