On January 8, Vice President JD Vance announced the creation of a new position at the Department of Justice (DOJ) to conduct fraud investigations as part of an “interagency” effort that would be “run out of the White House.” Vance said that a nominee for the post would be announced in the coming days, and that the nominee—formally, a new Assistant Attorney General—would require Senate confirmation.
A White House fact sheet stated that the Administration was “announcing the upcoming creation of the Department of Justice’s new division for national fraud enforcement.” It explained that the new division will enforce the federal criminal and civil laws against fraud targeting federal government programs and federally funded benefits. The new Assistant Attorney General “will oversee multi-district and multi-agency fraud investigations; provide advice, assistance, and direction to the United States Attorneys’ Offices on fraud-related issues; and work closely with Federal agencies and Department components to identify, disrupt, and dismantle organized and sophisticated fraud schemes across jurisdictions.” The White House also announced specific actions it has already taken in connection with ongoing investigations into various federally funded programs in Minnesota, including 98 criminal charges, 1,750 subpoenas, 130 search warrants, and over 1,000 witness interviews.
The Civil Division, Criminal Division, and US Attorneys’ Offices currently oversee DOJ’s efforts to combat fraud. It is not clear whether their anti-fraud functions will be transferred to the new division for national fraud enforcement or whether the new division will play more of a coordinating function.
While many questions remain, our expectation is that the False Claims Act (FCA) will serve as the primary statutory basis for civil investigations and enforcement under this new initiative. The FCA authorizes DOJ to investigate fraud on federal programs and to initiate civil litigation against those who knowingly defraud the federal government. In particular, any “person” who knowingly defrauds the federal government is subject to treble damages and significant statutory penalties; collateral consequences can include suspension and debarment from federal programs.
The announcement of a law enforcement initiative led by the White House fits the Administration’s pattern of using the FCA as a tool to further the Administration’s policy objectives. In May 2025, DOJ announced the creation of a new Civil Rights Fraud Initiative that highlighted “diversity, equity, and inclusion (DEI) programs” as a particular target. In December 2025, the Wall Street Journal reported that DOJ had initiated FCA investigations of major companies with government contracts related to their DEI programs. And throughout 2025, agencies across the federal government took steps to modify their grant and contract terms to include provisions intended to create FCA liability for recipients of federal funding that falsely certify compliance with federal antidiscrimination laws and executive orders on a variety of politically resonant issues, including transgender rights.
WilmerHale has represented a range of corporate, institutional, governmental, and individual clients on a range of FCA matters, and stands ready to help any clients who may face exposure under this new initiative.
