False Claims Act year in review: 2022

In fiscal year 2022, the Department of Justice’s (DOJ) total False Claims Act (FCA) recoveries through settlements and judgments exceeded $2 billion – a marked decrease from total recoveries of more than $5.6 billion in fiscal year 2021 and more than $2.2 billion in fiscal year 2020 which may be a byproduct of the DOJ’s evolving FCA enforcement priorities.

Significant jurisprudential and legislative developments were also a hallmark of 2022. Numerous circuit splits remain on key issues. Several issues of first impression were decided. Finally, US Senator Chuck Grassley (R–IA) is again championing amendments to the FCA that could result in significant changes in FCA litigation and the potential for increased risk for qui tam defendants.

Some of the most significant developments for FCA defendants in 2022 came from DOJ, which announced three new enforcement initiatives that may have significant implications for businesses across many industry sectors.

These developments, emerging trends, and high-profile FCA cases are addressed in detail in this year in review.

Download our False Claims Act year in review.