False Claims Act: 2022 Year in Review
Government Enforcement Update
Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2022 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2.2 billion were down compared to recent years, the government and whistleblowers were party to more than 350 settlements and judgments, the second-highest number of FCA settlements and judgments in a single year. While the FCA was used to combat fraud across the board, the majority of the settlements and judgments reported by the DOJ related to the health care industry. New enforcement priorities emerged in fiscal year 2022, including fraudulent conduct related to pandemic relief programs and using the FCA to combat cyber threats. The government also continued to pursue FCA claims in the government procurement context, and the courts continued to wrestle with nuances over the FCA’s scienter requirements, DOJ’s dismissal authority, and the materiality standard. 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: 2022 Year in Review, our eleventh annual review of significant FCA cases, developments and trends.