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False Claims Act Statistics, News & Analysis

LLB Hits DOJ's Recovery Stats On the Nose

Yesterday, on December 21, a little later and a bit more quietly than in past years, DOJ released its FCA recovery statistics for FY 2017. We are excited to share with our readers that this year LLB’s stats closely tracked DOJ’s! DOJ reports $3.70 billion in recoveries, compared to LLB’s estimate of a little under $3.58 billion. LLB also did well tracking industry recoveries. DOJ reports $2.47 billion versus LLB’s estimate of $2.60 billion in health care, $220 million versus LLB’s $149 million in defense, and $1.0 billion versus LLB’s $832 million in other industries.

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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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Supreme Court Nominee Judge Gorsuch on the False Claims Act

President Trump recently announced that he was nominating Judge Neil M. Gorsuch to fill the Supreme Court seat vacated one year ago by the death of Justice Antonin Scalia. We at LLB went to work researching what a Justice Gorsuch might mean for future case law construing our favorite statute, the False Claims Act. Here is what we found.

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Silver Linings for FY16: DOJ FCA Stats Tough on Pharma and Banks, but Defense Pipeline Narrowing

The Department of Justice released its annual FCA recovery statistics on Wednesday, touting over $4.7 billion in settlements and judgments for fiscal year 2016. Just after the numbers were released, on Lincoln’s Law Blog (LLB) we explored how these results compared to our projections, noting where our numbers deviated from DOJ’s and why. Now that the data sets have been updated and we have had a few days to reflect, today’s post takes a closer look at the numbers as a whole, how they fit into the big picture of FCA recoveries over the years, and what it could mean for FCA enforcement going forward.

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How Could Something So Wrong Be So Right: LLB vs DOJ FCA Stats

Released just yesterday evening, DOJ’s annual FCA brag sheet for recoveries proclaimed a whopping $4.7 billion in civil FCA recoveries for FY 2016. That’s a full $1 billion more than LLB’s count in our inaugural year. How could our “polling” have been so wrong? Well, it turns out, it wasn’t. Despite first appearances, LLB’s stats were mostly on track with the DOJ reports – with one major exception that made all the difference.

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2016 False Claims Act Year-End Review & Look Forward for 2017

Craig Margolis, Kathleen Neace, and Ralph Mayrell of V&E’s False Claims Act/Qui Tam Litigation practice and John Elwood of V&E’s Appellate practice provide detailed analysis and thoughts on FCA trends over FY2016, in light of the fiscal year close, and ahead of the DOJ’s annual press release.

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