2021 ushered in a new administration, new U.S. Department of Justice (DOJ) officials, and, of course, new DOJ policies and initiatives – many of which implicate the False Claims Act (FCA). But one thing that remained constant was DOJ’s use of the FCA as a key enforcement tool.
While DOJ renewed its focus on telehealth and cyber-fraud, the courts continued to develop jurisprudence, and sometimes confusion, in the FCA arena. Meanwhile, potentially significant amendments to the FCA are being considered in the Senate, which may impact materiality and government dismissals. We hope this guide provides a useful review of the most noteworthy FCA developments – both on the DOJ enforcement front and the developing case law and legislative landscape – and a preview of potential FCA developments to come in 2022.