False Claims Act: 2013 Year-in-Review

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False Claims Act: 2013 Year-in-Review

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A global team handling highly complex and sensitive matters in all aspects of litigation.
Drawing on years of experience in the public and private sectors, our lawyers handle a range of litigation involving the federal government, state and foreign governments, and complex regulatory regimes.
With litigators who previously served as senior lawyers in the Departments of Justice and Defense, our team has successfully represented clients in difficult, high-stakes FCA litigation brought by relators and the government.
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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