Launched by the U.S. Department of Justice in October 2021, the Civil Cyber-Fraud Initiative utilizes the False Claims Act to pursue cybersecurity-related fraud by government contractors. Notably, the Initiative includes a "whistleblower" provision, which allows private parties who provide information relevant to an investigation to share in any assets recovered. Jones Day partner Jimmy Kitchen explains the Initiative's risks to companies, and talks about how it could change the DOJ's position in the federal cyber-enforcement landscape.
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