Potential FCA Changes as Trump Takes Office

January 09, 2017

False Claims Act (FCA) enforcement under the Trump administration may see notable differences as compared to President Obama’s tenure due to changes including the appointment of new U.S. attorneys and new leadership at the DOJ, writes Law360.

Attorneys familiar with FCA litigation say there “isn’t much daylight between Democrats and Republicans when it comes to policing fraud” and therefore big FCA hauls will likely continue under the Trump administration.

With that said, U.S. Attorney General nominee Jeff Sessions is “likely to influence much of the federal government’s approach to FCA litigation.” Supreme Court changes may also affect FCA as “the Supreme court frequently accepts FCA cases, and new justices would be positioned to change the outcome of close cases.”