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Despite signs of a retrenchment in some of the traditional areas of white collar enforcement under the Trump administration, the U.S. Department of Justice’s (“DOJ”) enforcement of the civil False Claims Act (“FCA”) appears likely to proceed at a steady and aggressive pace amid a renewed focus on waste, fraud, and abuse and a recent jump in the number of new qui tam actions.

The U.S. Securities and Exchange Commission (“SEC”)  and Department of Justice (“DOJ”)  have been working increasingly collaboratively to combat unlawful trading practices and hold wrongdoers accountable, demonstrating effective interagency cooperation to protect investors and ensure the integrity of the financial markets.

On January 13, 2023, the Supreme Court granted certiorari in two consolidated cases from the Seventh Circuit to consider whether a defendant relying on an objectively reasonable interpretation of an ambiguous law acts “knowingly” in violation of the False Claims Act (“FCA”).