As 2015 comes to an end, we look back and see many of the themes that have become familiar to False Claims Act practitioners and followers: The U.S. Department of Justice announced recoveries in the billions; health care, government contracts, and financial services companies continued to be FCA favorite targets; barriers to bringing and prosecuting FCA cases seemed to shrink a little bit more; the DOJ's arsenal for proving FCA liability seemed to grow and may now even include statistical sampling; and the DOJ once more threatened individual liability would come to the forefront.
But there were also new developments that suggest 2016 will be a busy year for FCA watchers: The U.S. Supreme Court was unusually active and will be again in 2016 when it takes up the implied certification theory; although 2015 saw a decrease in total fines and the number of cases filed over 2014, the DOJ continued to recover billions of dollars in FCA fines, demonstrating that the FCA remains a thriving source of litigation risk; courts increasingly seemed to recognize how hard it is to make sense of the regulatory web that trips up many companies in the FCA context; and at least one company found a way to avoid being put out of business by an FCA verdict. Here is a quick look at what the FCA brought us in 2015. Please see our full article as published by Law360.
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