The federal government collected a record-breaking $5.7 billion
in False Claims Act (FCA) recoveries in fiscal year (FY) 2014, up
from $3.8 billion in FY 2013. The increased recoveries, which
continue a trend during the Obama Administration, are likely to
lead to even greater numbers of qui tam suits, as potential
relators seek to capitalize on the government's success. In FY
2014, relators filed over 700 new qui tam cases, nearly as many as
the 753 new qui tam suits in FY 2013.
While the Administration and relators continued to press for
expansive interpretations of the FCA, this past year saw increased
debate, including in Congress, about possible FCA reform, a process
in which WilmerHale played a central part. The Supreme Court may
take steps to narrow the FCA's reach via the statute of
limitations and the first-to-file bar, while lower courts continue
to divide on a number of issues with enormous consequences for FCA
defendants.
WilmerHale's comprehensive review of False Claims Act
developments surveys significant federal decisions, settlements,
and recently filed or unsealed complaints; legislative and
regulatory changes at both the federal and state levels; changes in
investigation and litigation strategy by whistleblowers, state
attorneys general, and federal prosecutors; and proposals for
reform of the FCA. By looking back over 2014, the report also
provides an important guide to changes on the horizon for 2015.
Read the False Claims Act: 2014 Year-in-Review.
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