Included in the eBook:

• False Claims Act Enforcement: Looking Back and What to Expect in 2023
• 2023 Trends in Criminal Tax Enforcement
• Heath Care Enforcement: Review of 2022 and a Look Ahead to 2023
• Scrutiny for the Private Sector Will Come From Both Sides of the Aisle in the 118th Congress
• Previewing SEC Enforcement in 2023
• Will Stakeholder Objections and Legal Uncertainty Slow and ESG Revolution?
• Andrea Campbell’s First Month In Office: A Review of the Review of the Attorney General’s Priorities
• Federal Cryptocurrency Enforcement in 2023
• Foreign Corrupt Practices Act (FCPA) 2022 Year in Review and A Look Ahead
• Navigating the International Trade & National Security Landscape 2023

Excerpt
The False Claims Act (or “FCA”) continued to drive significant enforcement activity in 2022, especially, but not exclusively, in the healthcare sector. In 2023, we expect the government and whistleblowers to continue to prosecute and likely resolve False Claims Act matters in large numbers. In addition, we await decisions from the Supreme Court in United States, ex rel. Polansky v. Executive Health Resources, Inc. and consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc. Together, these cases will answer critical questions about the government’s ability to dismiss suit after declining to intervene and False Claims Act defendants’ ability to rely on objectively reasonable interpretations of regulation as evidence of intent.

2022 by the numbers

In 2022, FCA matters continued to be a fertile ground for the government and whistleblowers, though the sheer number of FCA matters did not necessarily track the dollars recovered. Thus, in 2022, the government and whistleblowers resolved 351 FCA matters through settlement or judgment—the second highest number of settlements and judgments in a single year. Despite this high volume, total FCA recoveries dipped from $5.6 billion in FY 2021 to $2.2 billion in FY 2022. More than $1.9 billion of the $2.2 billion came from resolutions of whistleblower lawsuits, resulting in $488 million in payouts to whistleblowers.

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