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False Claims Act Statistics, News & Analysis

  • 04
  • May
  • 2018

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Halfway to the Finish Line for FY2018

Fiscal Year 2018 is just over halfway through and by our count the government has recovered just over $1.1 billion dollars through April 2018. This year so far is consistent with last year, which clocked in at $1.2 billion by April 2017, but lags far behind FY16, which at this point had pulled down a hefty $3.8 billion already. Careful readers may recall that the FY16 numbers are a bit skewed by the single $1.2 billion Wells Fargo settlement, which landed on April 8, 2016. Yet even without Wells Fargo, FY16 remains the undisputed leader of recent years, and the DOJ of 2018 will have to do some serious sprinting if they want to catch up to the team of two years ago.

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The More Things Change, the More They Stay the Same: Analyzing Recoveries by Circuit for FY 2017

We’re back with the third installment of our series analyzing FCA statistics for DOJ FY 2017, this time taking a closer look at recoveries by circuit. After our prior posts describing the steep drop in recoveries overall from last year, it may not come as a surprise to LLB readers that the geographic analysis has changed a fair bit in the last year. Only one of the leaders from DOJ FY 2016 is still at the top in DOJ FY 2017: the Eleventh Circuit. Indeed, the Eleventh Circuit, which ranked third last year with $808 million across 100 recoveries, came out in front in DOJ FY 2017 with the DOJ raking in just over $1 billion across 26 recoveries. This means that the number of cases brought to conclusion in 2017 dropped 74% from the previous year, but DOJ’s payout increased by just over 24%. Does this signal a smarter, more targeted civil fraud bar in the Eleventh Circuit, or is this mathematical windfall simply a fluke? Impossible to say definitively, but it is worth noting that over a third of this year’s Eleventh Circuit total was recovered from just one matter (the Shire Pharmaceuticals LLC medical device case we blogged about last week) and another third is derived from a CMC II Judgment (though that judgment is currently stayed pending appeal).

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  • 13
  • October
  • 2017

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It’s Déjà vu All over Again: Resetting the FCA Stats Tracker for FY 2018

It’s that time again; time to press the reset button and reflect on the past fiscal year’s FCA statistics. Fiscal Year 2017, which came to a close on September 30th, was a big year here at LLB as it marks the first year we were able to track FCA statistics for the entire year in real time. LLB has been through some changes since the last time we did this; just recently, we premiered our new custom date range tool on the data set for increased precision in your searches and today we premiered a new copy link feature. However, one thing has remained constant: our readership’s interest in FCA enforcement statistics. With that in mind, we now present to you a breakdown of our preliminary assessment of FY 2017.

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Time to Take Your Medicine: Fifth Circuit Decision Diagnoses Problems with Causation Arguments

Last month, we covered United States ex rel. King v. Solvay Pharmaceuticals, Inc. on the issue of the FCA’s public disclosure bar pre-Affordable Care Act. Today, we explore another aspect of that same opinion — the causation requirements necessary to sustain a fraudulent inducement FCA claim. The Fifth Circuit delivered relators a dose of bitter medicine in its opinion, affirming the district court’s grant of summary judgment to the defendant pharmaceutical company on the grounds that relators failed to demonstrate a causal link between the alleged false statements and any actual false claims.

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  • 06
  • July
  • 2017

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False Claims Act Statistics: Is It Trump? Is It Escobar? Whatever It Is, With Only 3 Months Left, DOJ Fiscal Year 2017 Recoveries Are On Track to Fall Well Short of 2016

As the first DOJ fiscal year (mostly) under the Trump Administration flies past and we see round the bend to DOJ FY 2017’s end on September 30, the time has come to see how this year’s bout of DOJ versus Contractors is going as compared to last year. Subject to our usual flurry of methodological caveats, we count a little over $2 billion in recoveries spread out over 135 recoveries for the first nine months of FY 2017. At this time last year, DOJ had recovered $4.1 billion in 229 recoveries. If the match continues apace, without any last minute blockbuster FCA settlements, we predict FCA defendants will have paid roughly $2.7 billion across 180 recoveries by the end of FY 2017. That is well shy of FY 2016’s $4.8 billion recovered over 288 recoveries, and would leave FY 2017 with the lowest dollars recovered by DOJ since FY 2009.

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