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ARTICLE · 10 FEBRUARY 2021

What To Expect For False Claims Act Enforcement Under The Biden Administration

Arnold & Porter
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Although Department of Justice (DOJ) recoveries under the False Claims Act reached historic lows in FY2020, President Biden's administration is poised to usher in a return to aggressive FCA enforcement.

United StatesGovernment, Public Sector
Murad Hussain
Murad Hussain
Kirk Ogrosky
Kirk Ogrosky
Amanda Claire Hoover
Amanda Claire Hoover
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Although Department of Justice (DOJ) recoveries under the False Claims Act (FCA) reached historic lows in FY2020, President Biden's administration is poised to usher in a return to aggressive FCA enforcement. Under President Obama, DOJ's FCA recoveries hit all-time peaks, totaling over $5 billion in 2012, $6.1 billion in 2014, and $4.9 billion in 2016. From there, they trended consistently downward throughout the Trump Administration, averaging under $3 billion annually. Given the Biden Administration's focus on tackling the COVID-19 pandemic and stimulating the economy, we anticipate that DOJ's scrutiny of alleged fraud in government programs will be as probing as ever.

In the 1980s, then-Senator Biden supported the seminal 1986 amendments to the FCA, emphasizing in his Senate remarks that enforcement should enjoy bipartisan support: "Fraud against the Government is not a matter that ought to be used for political advantage. . . . It is not a matter that divides

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