Matt Krueger Comments on Shift in FCA Settlements and Recoveries

Foley & Lardner LLP Partner Matt Krueger is quoted in the article, “FCA Recoveries Drop; Lawyers See Other Data as More Significant,” in the Report on Medicare Compliance, published by the Health Care Compliance Association, discussing the rise in matters initiated independently by the U.S. Department of Justice (DOJ) without whistleblower assistance.

Krueger said the 40% increase across all industries is “really remarkable,” and that it likely means DOJ is pursuing more cases based on data analytics, tips from law enforcement, and COVID-19 related audits and investigations not originating from whistleblowers.

“There is still a high number of qui tams being filed and they remain the bread and butter of DOJ’s False Claims Act docket,” Krueger added. “DOJ’s public statements signal that it still welcomes qui tams, but the data show that DOJ is also finding more cases on its own.”