Biden’s DOJ Predicted to Up the Ante on False Claims Act Enforcement

Bloomberg Health Law & Business News

George B. Breen, Richard W. Westling, Erica Sibley Bahnsen, and Elizabeth A. Harris, attorneys in the Health Care & Life Sciences practice, co-authored an article in Bloomberg Health Law & Business News, titled “Biden’s DOJ Predicted to Up the Ante on False Claims Act Enforcement.”

Following is an excerpt (see below to download the full version in PDF format):

The arrival of a new administration, particularly one that changes the political party in the White House, presents an opportunity for prognostication about priorities and policies. Will the incoming administration alter long-standing policy, or will it merely roll back recent changes?

These educated guesses, formed by history and experience, provide insight and perspective. In 2020, however, nothing is normal. When the next administration takes office, it will inherit a global pandemic, economic headwinds, and a federal workforce hampered by staffing challenges.

One prediction we can safely make is that of continuing uncertainty. Despite the lack of clarity about the future, here are three predictions about False Claims Act (FCA) enforcement policies and priorities of a Biden Justice Department:

  • The long shadow of the coronavirus pandemic will impact enforcement priorities and trends for years to come.
  • Despite uncertainty about future Justice Department leadership, FCA cases will remain a priority, and enforcement is likely to increase.
  • The fate of Trump-era FCA policy pronouncements is unclear.