During remarks to False Claims Act (FCA) practitioners on February 22 in Washington, DC, and in an accompanying press release, Department of Justice (DOJ) Principal Deputy Assistant Attorney General Brian Boynton announced that recoveries from FCA settlements and judgments in fiscal year 2023 reached nearly $2.7 billion, with healthcare and procurement fraud continuing to be the largest areas of recovery.
That brings total recoveries under the FCA since 1986 to more than $75 billion and marks the 15th consecutive year that recoveries exceeded $2 billion. Recoveries were up from the more than $2.2 billion reported in 2022, and recoveries from cases initiated by qui tam relators increased to over $2.3 billion as compared to just under $2 billion in 2022. The government and whistleblowers were party to a record 543 settlements and judgments in 2023—a 54% increase from 2022.
KEY AREAS OF FCA ACTIVITY IN 2023
Healthcare Fraud
At approximately $1.8 billion, healthcare fraud recoveries were flat compared to 2022. Within the healthcare fraud umbrella, DOJ highlighted recoveries and actions relating to Medicare Advantage/Part C (including involving inaccurate and untruthful diagnosis codes), unnecessary services and substandard care, marketing and dispensing of opioids, and unlawful kickbacks.
Source: DOJ announces nearly $2.7 Billion in False Claims Act recoveries in fiscal year 2023 / Morgan Lewis