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ARTICLE · 04 JANUARY 2016

False Claims Act: 2015 Year In Review

As we prepare ourselves for these developments in the coming year, we take stock of the most notable developments and decisions of interest from 2015.

United StatesGovernment, Public Sector

This year continued the trend of aggressive False Claims Act (FCA) enforcement by the Department of Justice (DOJ) and high volumes of qui tam lawsuits brought by whistleblowers. In fiscal year 2015, the DOJ marked the fourth year in a row that it recovered over $3.5 billion in FCA settlements and judgments. These recoveries came largely from the healthcare ($1.9 billion) and government contracting ($1.1 billion) industries. Recoveries in the financial services industry accounted for only $365 million in 2015, well below the $3 billion recovered last year, as 2015 brought fewer record-setting mortgage settlements.

While the number of qui tams filed in 2015 dipped to 632, the lowest it has been since 2010, the amount of money awarded to relators reached a record high, with a marked increase in the total relators' shares for cases in which the United States declined to intervene. Such recovery statistics make the number of whistleblower-driven FCA actions unlikely to

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