False Claims Act trends and expected enforcement priorities for 2024

Scott B. McBride and Rasmeet Chahil of Lowenstein Sandler LLP discuss the Department of Justice's priorities and trends for 2024, including efforts relating to the False Claims Act, the Paycheck Protection Program and its Civil Cyber-Fraud Initiative.

The Department of Justice's (DOJ or Justice Department) Civil Fraud Section recently announced that its False Claims Act (FCA) settlements and judgments in 2023 totaled nearly $2.7 billion. "False Claims Act Settlements and Judgments Exceed $2.68 Billion in Fiscal Year 2023," U.S. Department of Justice (Feb. 22, 2024) (hereinafter "Press Release"). The Justice Department also announced its commitment to initiating cases without qui tam relators. In 2023, it initiated 500 such matters, a significant leap from the prior year's total of 305 and significantly above the prior record of self-initiated cases of 340 in 1987.