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Articles by Jonathan Ferry
Rights And Wrongs: Unpacking The Civil Rights Fraud Initiative And The False Claims Act
Bradley Arant Boult Cummings LLP are most popular: within International Law, Real Estate and Construction and Cannabis & Hemp topic(s) in United States with readers working within the Automotive, Consumer Industries and Oil & Gas industries Once again individual employee whistleblowers had an active year pursuing issues for the government under the False Claims Act (FCA). In 2025, FCA recoveries reached their highest mark ever at over $6.8 billion.
A New Tool In Customs Enforcement: The False Claims Act In 2025
Bradley Arant Boult Cummings LLP are most popular: within Government, Public Sector, International Law and Real Estate and Construction topic(s) in United States with readers working within the Automotive, Consumer Industries and Oil & Gas industries Listen to this post As in years past, the government continued to pursue False Claims Act (FCA) investigations and lawsuits against contractors in 2025.
Looking Back At The False Claims Act In 2025 - Cybersecurity Remains A Government Focus In 2025 And Beyond
Bradley Arant Boult Cummings LLP are most popular: within Technology, International Law and Real Estate and Construction topic(s) in United States with readers working within the Automotive, Consumer Industries and Oil & Gas industries As in years past, the government continued its efforts to combat cybersecurity threats utilizing the False Claims Act (FCA). Overall, 2025 saw the highest FCA recoveries amount to date — over $6.8 billion in recoveries were awarded.
The False Claims Act In 2025: A Government Enforcement Update
Bradley Arant Boult Cummings LLP are most popular: within International Law, Real Estate and Construction and Cannabis & Hemp topic(s) in United States with readers working within the Automotive, Consumer Industries and Oil & Gas industries Listen to this post This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector.
The False Claims Act in 2024: A Government Enforcement Update | JD Supra
This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department secured 558 FCA settlements and judgments and collected $2.9 billion in fiscal year 2024. Whistleblowers were responsible for 979 qui tam suits — a record number — and collected over $400 million for filing actions to expose fraud and false claims.
More Whistleblower Suits Filed Than Ever Before: The False Claims Act in 2024
As in recent years, the False Claims Act (FCA) continued to serve as a tool utilized by the federal government against government contractors in 2024. The government collected more than $2.9 billion as a result of 558 FCA settlements and judgments.
Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before
Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in FCA settlements and judgments. Of that, over $2.4 billion arose from qui tam suits. Over 970 qui tam suits were filed in 2024 — the highest number in a single year — and the government paid out over $400 million to individual whistleblower plaintiffs.
Looking Back at the False Claims Act in 2024 as the Government Keeps its Sights on Cybersecurity in 2025 | JD Supra
In 2024, the government and whistleblowers were party to 558 settlements and judgments collecting over $2.9 billion. The government continued its effort to combat cybersecurity threats through its Civil Cyber-Fraud Initiative, which is dedicated to using the FCA to ensure that federal contractors and grantees are compliant with cybersecurity requirements.
More Whistleblower Suits Filed Than Ever Before: The False Claims Act in 2024 | JD Supra
As in recent years, the False Claims Act (FCA) continued to serve as a tool utilized by the federal government against government contractors in 2024. The government collected more than $2.9 billion as a result of 558 FCA settlements and judgments.
Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before | JD Supra
Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in FCA settlements and judgments. Of that, over $2.4 billion arose from qui tam suits. Over 970 qui tam suits were filed in 2024 — the highest number in a single year — and the government paid out over $400 million to individual whistleblower plaintiffs.
False Claims Act: 2024 Year in Review | JD Supra
Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In 2024, the government and whistleblowers were party to 558 False Claims Act (“FCA”) settlements and judgments, just slightly fewer cases than last year’s record.
2024 False Claims Act Statistics Show More Cases Filed Than Ever Before | JD Supra
The Justice Department released its annual False Claims Act statistics on Wednesday, January 15, detailing the number of cases filed, recoveries made, and relators’ shares awarded in fiscal year 2024. The government recovered $2.9 billion dollars in 2024, with 57% of that total coming from healthcare cases, 3% from defense spending cases, and the remainder from other actions.
Healthcare Execs Face Federal Drug Charges in Landmark Telehealth Case | JD Supra
In a first-of-its-kind prosecution, federal prosecutors have charged two healthcare executives with unlawfully distributing controlled substances, such as Adderall, through a telehealth website. These charges demonstrate the Department of Justice’s intensified focus on enforcing federal controlled substances laws in the rapidly evolving digital health landscape. The government bases the bulk of its controlled substances charges on two requirements of the Controlled Substance Act (CSA).
Healthcare Execs Face Federal Drug Charges in Landmark Telehealth Case
In a first-of-its-kind prosecution, federal prosecutors have charged two healthcare executives with unlawfully distributing controlled substances, such as Adderall, through a telehealth website. These charges demonstrate the Department of Justice’s intensified focus on enforcing federal controlled substances laws in the rapidly evolving digital health landscape. The government bases the bulk of its controlled substances charges on two requirements of the Controlled Substance Act (CSA).
FCA Settlements with Companies on Government Cybersecurity Concerns Continue
On Monday, June 17, 2024, the Department of Justice (DOJ) announced settlements involving $11.3 million in payments for consulting companies failing to comply with cybersecurity requirements in federally funded contracts. The head of DOJ’s Civil Division stated, “Federal funding frequently comes with cybersecurity obligations, and contractors and grantees must honor these commitments.
State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk | JD Supra
Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused their compliance efforts on these and other federal fraud-and-abuse statutes. But a recent decision out of the Second Circuit underlines the importance of incorporating state-level anti-fraud laws in any compliance program. In United States ex rel. Hart v.
State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk
Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused their compliance efforts on these and other federal fraud-and-abuse statutes. But a recent decision out of the Second Circuit underlines the importance of incorporating state-level anti-fraud laws in any compliance program. In United States ex rel. Hart v.
United Kingdom | Migration Advisory Committee Recommends 21 Occupations on New Immigration Salary List
The United Kingdom’s Migration Advisory Committee recently recommended that 21 roles be included on the new Immigration Salary List. The ISL is set to replace the U.K.’s Shortage Occupation List, which was the official list of skilled jobs for which workers are deemed to be in short supply. The creation of the ISL was part of a plan, announced Dec. 4, 2023, to curb immigration abuse and cut net migration.
State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk
Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused their compliance efforts on these and other federal fraud-and-abuse statutes. But a recent decision out of the Second Circuit underlines the importance of incorporating state-level anti-fraud laws in any compliance program. In United States ex rel. Hart v.
State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk
Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused their compliance efforts on these and other federal fraud-and-abuse statutes. But a recent decision out of the Second Circuit underlines the importance of incorporating state-level anti-fraud laws in any compliance program.
The False Claims Act in 2023: A Government Enforcement Update
highest number in a single year — collecting over $2.68 billion. After announcing its Civil Cyber-Fraud Initiative in October 2021, the Justice Department proved that the initiative is dedicated to using the FCA as a mechanism to hold federal contractors accountable who fail to follow federal cybersecurity requirements.
The False Claims Act in 2023: A Government Enforcement Update | JD Supra
This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department secured 543 FCA settlements and judgments — a record number — and collected over $2.68 billion. Whistleblowers filed 712 qui tam suits in 2023 and collected over $349 million for filing actions to expose fraud and false claims.
The False Claims Act in 2023: A Government Enforcement Update
This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department secured 543 FCA settlements and judgments — a record number — and collected over $2.68 billion. Whistleblowers filed 712 qui tam suits in 2023 and collected over $349 million for filing actions to expose fraud and false claims.
The False Claims Act in 2023: A Government Enforcement Update
As in recent years, the federal government continued to utilize the False Claims Act (FCA) as a tool against government contractors in 2023. The 543 FCA settlements and judgments resulted in the government collecting nearly $2.7 billion.
The False Claims Act in 2023: A Government Enforcement Update
Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. Individual whistleblowers were responsible for a substantial percentage of 2023 suits, helping the government enforce FCA provisions against companies across all sectors. Of the more than $2.68 billion in settlements and judgments, over $2.3 billion arose from qui tam suits filed by whistleblowers in 2023.
The False Claims Act in 2023: A Year in Review
In 2023, the government and whistleblowers were party to 543 False Claims Act (FCA) settlements and judgments, the highest number of FCA settlements and judgments in a single year. As a result, collections under the FCA exceeded $2.68 billion, confirming that the FCA remains one of the government’s most important tools to root out fraud, safeguard government programs, and ensure that public funds are used appropriately.
The False Claims Act in 2023: A Year in Review
As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of Justice (DOJ) released its report on settlements and recoveries later than usual, with the figures not becoming public till mid-February. But while the timing was different, the content was much the same.
DOJ Announces Its FCA Enforcement Priorities for 2024: Cybersecurity, COVID-19, and Healthcare Fraud
On February 22, 2024, Assistant Attorney General Brian M. Boynton delivered remarks at the 2024 Federal Bar Association’s Qui Tam Conference. During those remarks, Boynton announced another record year for DOJ’s False Claims Act enforcement efforts. Specifically, Boynton announced, in 2023 alone, nearly $2.7 billion was recovered under the FCA and included the resolution of 543 matters — the most FCA matters ever resolved by DOJ in a single year.
DOJ Announces Its FCA Enforcement Priorities for 2024: Cybersecurity, COVID-19, and Healthcare Fraud
On February 22, 2024, Assistant Attorney General Brian M. Boynton delivered remarks at the 2024 Federal Bar Association’s Qui Tam Conference. During those remarks, Boynton announced another record year for DOJ’s False Claims Act enforcement efforts. Specifically, Boynton announced, in 2023 alone, nearly $2.7 billion was recovered under the FCA and included the resolution of 543 matters — the most FCA matters ever resolved by DOJ in a single year.
A Thank You to Our Readers-and the Top Five Posts of 2023
As we near the Thanksgiving holiday, we wanted to take a moment to thank you — our readers. Eye on Enforcement has been a fun project for the Bradley’s Government Enforcement and Investigations team. But the ultimate goal of any blog is to be read, and we’re grateful to have so many devoted readers. And if you’re a new reader or just recently found us, we’re happy you are here and hope you’ll stick around in the coming year.
Circuit Split on FCA Causation Deepens with Upcoming First Circuit Ruling | JD Supra
The First Circuit will decide the causation standard required in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS), deepening a circuit split on the issue and potentially teeing up Supreme Court intervention. U.S. District Judge Nathaniel Gorton asked the First Circuit to review his recent ruling that the government need not prove a “but for” causal connection between an AKS violation and an allegedly false claim.
First Circuit Ruling FCA Causation
The First Circuit will decide the causation standard required in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS), deepening a circuit split on the issue and potentially teeing up Supreme Court intervention. U.S. District Judge Nathaniel Gorton asked the First Circuit to review his recent ruling that the government need not prove a “but for” causal connection between an AKS violation and an allegedly false claim.
Circuit Split on FCA Causation Deepens with Upcoming First Circuit Ruling
The First Circuit will decide the causation standard required in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS), deepening a circuit split on the issue and potentially teeing up Supreme Court intervention. U.S. District Judge Nathaniel Gorton asked the First Circuit to review his recent ruling that the government need not prove a “but for” causal connection between an AKS violation and an allegedly false claim.
Supreme Court Affirms Government Dismissal Power — Subject to Minor Limits — in FCA Qui Tam Cases | JD Supra
On June 16, 2023, the Supreme Court in United States ex rel. Polanksy v. Executive Health Resources, affirmed the Third Circuit’s deferential standard regarding the government’s ability to dismiss False Claims Act (FCA) whistleblower cases being litigated by qui tam relators. Notwithstanding this deferential standard, the Court rejected the government’s position that it has essentially “unfettered discretion” to dismiss an action as endorsed by the D.C. Circuit in Swift v. United States.
Supreme Court Affirms Government Dismissal Power — Subject to Minor Limits — in FCA Qui Tam Cases
On June 16, 2023, the Supreme Court in United States ex rel. Polanksy v. Executive Health Resources, affirmed the Third Circuit’s deferential standard regarding the government’s ability to dismiss False Claims Act (FCA) whistleblower cases being litigated by qui tam relators. Notwithstanding this deferential standard, the Court rejected the government’s position that it has essentially “unfettered discretion” to dismiss an action as endorsed by the D.C. Circuit in Swift v. United States.
Supreme Court Affirms Government Dismissal Power - Subject to Minor Limits - in FCA Qui Tam Cases
On June 16, 2023, the Supreme Court in United States ex rel. Polanksy v. Executive Health Resources, affirmed the Third Circuit’s deferential standard regarding the government’s ability to dismiss False Claims Act (FCA) whistleblower cases being litigated by qui tam relators. Notwithstanding this deferential standard, the Court rejected the government’s position that it has essentially “unfettered discretion” to dismiss an action as endorsed by the D.C. Circuit in Swift v. United States.
COVID-19 Fraud Enforcement Remains Priority for Federal Law Enforcement
On April 20, 2023, the Department of Justice announced criminal charges against 18 defendants in nine federal districts, alleging over $490 million in alleged theft from federally funded COVID-19 relief programs.
COVID-19 Fraud Enforcement Remains Priority for Federal Law Enforcement
On April 20, 2023, the Department of Justice announced criminal charges against 18 defendants in nine federal districts, alleging over $490 million in alleged theft from federally funded COVID-19 relief programs.
Compensation Incentives and Clawback Provisions: DOJ Launches Pilot Program to Encourage Corporate Compliance Programs | JD Supra
On March 3, the Criminal Division of the Department of Justice announced a two-part pilot program to encourage corporations to implement compliance programs with provisions for employee compensation incentives and clawbacks designed to prevent corporate crime.
Compensation Incentives and Clawback Provisions: DOJ Launces Pilot Program to Encourage Corporate Compliance Programs
On March 3, the Criminal Division of the Department of Justice announced a two-part pilot program to encourage corporations to implement compliance programs with provisions for employee compensation incentives and clawbacks designed to prevent corporate crime.
New DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct | JD Supra
On February 22, 2023 the Department of Justice (DOJ) released a new policy governing self-disclosure of corporate criminal wrongdoing to United States Attorney’s Offices (USAOs). The policy entitled “United States Attorney’s Office Voluntary Self-Disclosure Policy” (the “VSD Policy”) is the latest guidance from the department designed to encourage businesses to report and remediate misconduct before it otherwise comes to light.
New DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct
Friday, February 24, 2023 On February 22, 2023 the Department of Justice (DOJ) released a new policy governing self-disclosure of corporate criminal wrongdoing to United States Attorney’s Offices (USAOs). The policy entitled “United States Attorney’s Office Voluntary Self-Disclosure Policy” (the “VSD Policy”) is the latest guidance from the department designed to encourage businesses to report and remediate misconduct before it otherwise comes to light.
New DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct
On February 22, 2023 the Department of Justice (DOJ) released a new policy governing self-disclosure of corporate criminal wrongdoing to United States Attorney’s Offices (USAOs). The policy entitled “United States Attorney’s Office Voluntary Self-Disclosure Policy” (the “VSD Policy”) is the latest guidance from the department designed to encourage businesses to report and remediate misconduct before it otherwise comes to light.
2022 Year-End False Claims Act Update | JD Supra
The False Claims Act (FCA) continued to be a key tool in 2022 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. While the focus stayed largely on the healthcare industry, the risk to corporations of huge financial penalties under the FCA remains. The number of suits filed by whistleblowers rose to 652 in 2022, and whistleblowers collected more than $488 million for filing actions to expose fraud and false claims.
False Claims Act - 2022 Year in Review | JD Supra
In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime industry target, and courts wrestling with nuances over FCA’s scienter requirements, DOJ’s dismissal authority, and the long-evolving materiality standard, among other issues. Please see full Review below for more information. Download PDF
2022 Year-End False Claims Act Update
Jon Ferry brings his substantial experience as a federal prosecutor to assisting clients in False Claims Act litigation, government investigations and other enforcement actions, internal risk analysis and internal investigations.
The False Claims Act in 2022: A Year in Review
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In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022
By Ty Howard, Brad Robertson, Jonathan Ferry, Gene Besen, Daniel Fortune, Elisha Kobre, Gregory Marshall, Scarlett Singleton Nokes, Jack Selden, Erin Sullivan, Matthew Bedan, Giovanni Giarratana, Anna Lashley, Lyndsay E. Medlin, Ocasha Musah, Cara Rice, Courtlyn Ward, Virginia Wright, Tara S. Sarosiek
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The False Claims Act in 2022: A Year in Review
USA February 15 2023 In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2.2 billion were down compared to recent years, the government and whistleblowers were party to more than 350 settlements and judgments – the second-highest number of FCA settlements and judgments in a single year.
The False Claims Act in 2022: A Government Enforcement Update
USA February 15 2023 An increase in both the number of individual whistleblower plaintiffs and individual defendants in False Claims Act (FCA) lawsuits in the fiscal year 2022 shows that individuals continue to play an essential role in FCA cases. Whistleblowers filed 652 FCA suits in 2022, resulting in more than $1.9 billion in settlements and judgments, and a payout of more than $488 million to those whistleblowers for their part in FCA enforcement.
2022 Year-End False Claims Act Update
USA February 15 2023 The False Claims Act (FCA) continued to be a key tool in 2022 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. While the focus stayed largely on the healthcare industry, the risk to corporations of huge financial penalties under the FCA remains.
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