Audits & Investigations

BLOG: Justice Department Issues New False Claims Act Guidance on Cooperation Credit That May Reduce FCA-Defendant Liability

May 16, 2019
By Matthew E. Feinberg
Last week, on May 7, 2019, the U.S. Department of Justice ("DOJ") announced the issuance of formal guidance to clarify the manner in which the DOJ allocates credit to defendants who cooperate with government investigations in False Claims Act ("FCA") matters. In a press release from the Office of Public Affairs, the DOJ explained that it "has taken important steps to incentivize companies to voluntarily disclose misconduct and cooperate with [DOJ] investigations[.]" Specifically with regard to the FCA, the DOJ announced, "False Claims Act defendants may merit a more favorable resolution by providing meaningful assistance to the [DOJ] – from voluntary disclosure, which is the most valuable form of cooperation, to various other efforts, including the sharing of information gleaned from an internal investigation and taking remedial steps through new or improved compliance programs."
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