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False Claims Act Settlements and Judgments Exceed $2.69 Billion in 2023

Writer's picture: R.D. Lieberman,ConsultantR.D. Lieberman,Consultant

False Claims Act (“FCA”) settlements and judgments exceeded $2.69 billion in fiscal year 2023, with Health and Human Services (“HHS”) and Health Care the leading area at $1.8 billion. The FCA imposes triple damages and penalties on individuals and companies who knowingly and falsely claim money from the U.S. government or knowingly fail to pay money to the U.S.


Whistleblower lawsuits (known as “qui tam” actions, brought by a “relator” or whistleblower) comprise a significant percentage of the FCA cases.  Qui Tam cases may be pursued by the government or the whistleblower, and significant recoveries were obtained in both.  Relators typically receives a portion of the monetary recovery ranging between 15% and 30%.  Whistleblowers filed 712 qui tam suits in fiscal year 2023, with settlements and judgments exceeding $2.3 billion.

The chart below summarizes the relevant results in millions of dollars.

Fiscal Year & Department(s)

Settlements and Judgments-Non-Qui Tam

Settlements

And

Judgments-Qui Tam

Relator Share Awards

Qui Tam and Non Qui Tam

Entire US Government FY2023

356.2

2,333.3

349.6

2,689.4

Entire U.S. Government FY1987-2023

22,554.0

52,753.0

8,998.6

75,307.0

 

 

(FY 2023 Results below)

 

 

Health and HHS - FY2023

240.5

1.577.2

200.2

1,817.7

Dept of Defense (DOD)-FY2023

50.7

501.3

104.4

551.9

All other Agencies-FY2023

65.0

254.9

45.0

319.9

 

In FY 2023, the entire U.S. Government had FCA settlements and judgments of $2,689.4 million.  Relator share awards of those settlements and judgments totaled $349.6 million.

Over the entire period FY 1987-2023, the entire U.S. Government had FCA settlements and judgments of $75,307 million.  Relator share awards of the qui tam portion of those settlements and judgments totaled $8,998.6 million.


It was a very successful year for actions under the FCA.


For other helpful suggestions on government contracting, visit:

Richard D. Lieberman’s FAR Consulting & Training at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes.

 

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The website of Richard Donald Lieberman, a government contracts consultant and retired attorney who is the author of both "The 100 Worst Mistakes in Government Contracting" (with Jason Morgan) and "The 100 Worst Government Mistakes in Government Contracting." Richard Lieberman concentrates on Federal Acquisition Regulation (FAR) consulting and training, including  commercial item contracting (FAR Part 12), compliance with proposal requirements (FAR Part 15 negotiated procurement), sealed bidding (FAR Part 14), compliance with solicitation requirements, contract administration (FAR Part 42), contract modifications and changes (FAR Part 43), subcontracting and flowdown requirements (FAR Part 44), government property (FAR Part 45), quality assurance (FAR Part 46), obtaining invoiced payments owed to contractors,  and other compliance with the FAR. Mr.Lieberman is also involved in numerous community service activities.  See LinkedIn profile at https://www.linkedin.com/in/richard-d-lieberman-3a25257a/.This website and blog are for educational and information purposes only.  Nothing posted on this website constitutes legal advice, which can only be obtained from a qualified attorney. Website Owner/Consultant does not engage in the practice of law and will not provide legal advice or legal services based on competence and standing in the law. Legal filings and other aspects of a legal practice must be performed by an appropriate attorney. Using this website does not establish an attorney-client relationship. Although the author strives to present accurate information, the information provided on this site is not guaranteed to be complete, correct or up-to-date.  The views expressed on this blog are solely those of the author. FAR Consulting & Training, Bethesda, Maryland, Tel. 202-520-5780, rliebermanconsultant@gmail.com

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