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FCA's Epic Run In 2010s Will Be Hard To Match In 2020s

In a January 24 article published by Law360, Mintz Member Laurence J. Freedman commented on a reported plateau in filings and recoveries from cases involving the False Claims Act (FCA). In the article, he noted that “any decrease in [qui tam] filings will not affect recoveries down the road.” If the U.S. Department of Justice (DOJ)’s willingness to dismiss declined cases or the Escobar materiality standard has discouraged filings, these qui tams likely “would have been cases without fraud that would have wasted government resources to investigate."

Separately, Mr. Freedman, along with Mintz Member Brian Dunphy and Member and Co-Chair of the firm’s Health Law Practice Karen Lovitch, recently co-authored this Law360 expert analysis article examining trends in DOJ health care enforcement in 2019, noting that the FCA remains the government’s most powerful civil health care enforcement tool.