The Civil False Claims Act: Key trends in 2021

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This week on Off the Shelf, Jason Workmaster from Miller & Chevalier provided an update on key trends in the Civil False Claims Act (FCA).

Workmaster pointed out the decline in FCA recovers over the last decade and predicted an upswing in FCA activity on the part of the government and the Justice Department. In particular, he highlighted a growing set of compliance requirements (e.g. Section 889, CARES Act Section 3610, the Paycheck Protection Program, and DCMA’s Defective Pricing Pilot Program) as potential areas of risk for government contractors.

Additionally, a change in administrations will likely lead to greater interest in enforcement activities.

Finally, Workmaster provided insights on the FAC’s legal framework and how a more conservative judiciary may impact FCA litigation.