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ARTICLE · 17 FEBRUARY 2023

DOJ's Annual False Claims Act Statistics: Relators Forging Ahead With Success

The U.S. Department of Justice (DOJ) on Feb. 7, 2023, released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the 2022 fiscal year (FY).

United StatesGovernment, Public Sector

The U.S. Department of Justice (DOJ) on Feb. 7, 2023, released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the 2022 fiscal year (FY).

Up front, we see the following key takeaways:

  1. For the first time on record, the value of settlements and judgments where DOJ declined and relators pursued the case was higher than in DOJ-led cases.
  2. DOJ pursued with increased success cases outside the healthcare industry and U.S. Department of Defense (DOD).
  3. The total number of cases is slowly but steadily increasing, both in qui tam and DOJ-initiated cases; however, the total amount recovered is the lowest since 2008.

DOJ reports it recovered more than $2.2 billion for 351 settlements and judgments, the second-highest quantity of settlements and judgments in a single year. Still an incredibly large number, this year's dollar recovery pales in comparison to years past where a few very large recoveries inflated the total:

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