The False Claims Act (FCA) saw another year of increased
activity in 2013, with new qui tam suits hitting an all-time high
of 753, a rise of more than 100 over 2012. In fiscal year 2013, the
federal government brought in $3.8 billion—the fourth year in
a row of more than $3 billion in recoveries. As in the past, the
healthcare and pharmaceuticals sector accounted for the biggest
share, with $2.6 billion recovered. Procurement saw a jump, more
than doubling to $890 million. Financial institutions remained a
substantial target, and both the government and private plaintiffs
were increasingly bringing claims against recipients of grant and
loan funds as well as contractors. Activity at the state level
increased as well, with many states expanding the reach of their
own false claims statutes, and both state attorneys general and
private plaintiffs making aggressive use of new theories of
liability.
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, including an important U.S. Chamber of Commerce
white paper co-authored by two leaders of WilmerHale's FCA
practice. By looking back over 2013, the report also provides an
important guide to changes on the horizon for 2014.
View the full report.
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