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False Claims Act Statistics, News & Analysis

  • 20
  • December
  • 2016

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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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  • 15
  • December
  • 2016

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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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False Claims Act Stats: Going Local—A Close-Up Look at FCA Recovery Geography

With the 2016 DOJ fiscal year at an end, we are hard at work identifying trends and piecing together the story of FCA enforcement across the nation over the last twelve months. Today, we take a look at how recoveries have varied on the local level, slicing our data to see which federal district court and U.S. Attorney jurisdictions have been the most active this year. Bear in mind as you read that although this data is grouped by district, these are not necessarily recoveries made in district court. Indeed, plenty of recoveries nationwide are made through settlements without ever setting foot inside the courtroom – in these instances, we locate those recoveries in the district of the U.S. Attorney’s office identified as involved in the investigation.

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  • 06
  • October
  • 2016

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Out With the Old, in With the New: Resetting the Clock on the FCA Stats Tracker for DOJ FY 2017

Since LLB launched only a few short months ago, we really had little time to track stats for DOJ FY 2016, which came to a close on September 30, 2016. That means that we now have to reset the “clock” on our stat tracker—the FCA Stats at a Glance—to make sure that new recoveries from October onward are attributed to DOJ FY 2017. Before we do that, here is a quick recap of DOJ FY 2016.

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  • 06
  • September
  • 2016

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False Claims Act Stats:  Most DOJ Recoveries This Year Started as Qui Tam Cases

Cases brought by relators make up the majority of government recoveries this  DOJ fiscal year. Of the FCA recoveries we have tracked this year, 76%, by number of recoveries, have been in cases initiated by relators, including 63% of defense sector recoveries, 82% of health care recoveries, and 54% of the recoveries in other industries. In 86% of recoveries this year where we know a relator initiated the case, we know that DOJ intervened at some point in the litigation, meaning that the relator and relator’s counsel likely avoided at least a portion of the litigation cost.

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