Navigating Murky Waters: ABA White Collar Panel Explores The Complexities Of The False Claims Act

Continuing our coverage of the ABA's White Collar Crime Conference, Arnold & Porter's very own Christian Sheehan led a spirited discussion on the False Claims Act (FCA) this afternoon. Joining firm and in-house counsel on the panel was Andy Mao, Deputy Director of DOJ's Civil Fraud Section. The panel had a bunch to talk about, with two new FCA cases on the Supreme Court's merits docket this year and DOJ's ever-growing focus on corporate cooperation at the forefront of much of this year's conference:

Why is the FCA ripe for circuit splits? Just a few years ago, during oral argument in Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315, Justice Alito famously trashed the FCA as a "terribly drafted statute," remarking that, if he could "grade whoever drafted it," they would not be awarded top marks. This afternoon's panel surmised that its ambiguities likely have led the Supreme Court to wade in to resolve circuit splits on various aspects of the FCA