More than $30 billion has been recovered in Federal civil actions under the False Claims Act (“FCA”) since the statute which originated in the Civil War era, was amended in 1986 to provide enhanced rewards and protections for qui tam whistleblowers.
In fiscal year 2014, $5.69 billion in fraud against the government was recovered for taxpayers. Most of these cases were brought by qui tam relators, whistleblowers who come forward with their qui tam attorneys to report alleged fraud, and can receive 15-to-25 percent of the recoveries. This was another record year for Federal False Claims Act recoveries, according to the U.S. Department of Justice.
Without qui tam whistleblowers, billions of dollars of fraud payments or demands for payment hidden from the Government would have gone unnoticed. This stolen money would have remained in the pockets of individuals and entities responsible for the frauds, but courageous whistleblowers stepped up to return defrauded dollars to the U.S. Treasury and, as a result, shared in those recoveries.
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On November 4, 2013, after nearly six years of litigation, Johnson & Johnson, the self-proclaimed “family company,” agreed to pay $149 million to the federal government, the states of California, Kentucky, Indiana, and Massachusetts, and the Commonwealth of Virginia, to settle Medicaid fraud claims under the False Claims Act. (
According to a press release issued by the Department of Justice, the federal government recovered over $3.8 billion from False Claims Act cases in 2013. Of the $3.8 billion, $2.9 billion resulted from whistleblower suits filed under the qui tam provisions of the Act. This is the fourth year in a row recoveries under the False Claims Act have topped $3 billion, and this year’s number is surpassed only by last year’s record-breaking recovery of nearly $5 billion. Although health care fraud continues to drive record recoveries, this year prosecutions of procurement and defense contracting fraud returned a record setting $890 million to the U.S. Treasury.