The 11th Circuit has vacated a 2024 decision from the Middle District of Florida and held that the qui tam provisions of the False Claims Act do not violate the Appointments Clause of the United States Constitution. In United States ex rel. Zafirov v. Florida Medical Associates, LLC, the court concluded that FCA relators
The autism therapy industry is a growing target for government enforcement. As I discussed recently in Emerging Target: Federal Enforcement Comes to the Autism Therapy Industry, Applied Behavior Analysis (ABA) therapy — currently the dominant type of autism therapy — has all the markers for healthcare fraud enforcement: explosive reimbursement growth, low barriers to
Trade fraud takes center stage and continues to expand as a priority for the Department of Justice (DOJ).
On July 14, 2026, the DOJ announced its plans to expand trade fraud enforcement by creating the Global Trade & Commerce Enforcement Section (GTCES) within the DOJ’s newly formed National Fraud Enforcement Division.
Notably, this new section
While traditional government enforcement areas, such as healthcare, dominate headlines, one emerging enforcement priority continues to grow, albeit with less fanfare: compliance with cybersecurity requirements in government contracts. The government announced its most recent settlement last month, signaling that these enforcement actions continue to proliferate.
Cybersecurity enforcement is here to stay.
On June 23, 2026, the Department of Justice (DOJ) announced the results of the 2026 National Health Care Fraud Takedown. The so-called “takedowns” have become an annual event, and this year’s involved the largest number of defendants in Takedown history. For healthcare providers and organizations, the takeaway is clear: Enforcement is nationally coordinated, increasingly data-driven
On June 10, 2026, nineteen states and the District of Columbia filed suit in the District of Maryland seeking to halt implementation of Executive Order 14398, which was issued on March 26, 2026. The order requires federal agencies to insert a mandatory contract clause into all contracts, subcontracts, and “contract-like instruments” prohibiting contractors from engaging
The Department of Justice (DOJ) just issued a new memorandum that may reshape how the government handles False Claims Act (FCA) cases involving federally funded benefits programs. Signed by Assistant Attorney General Brett A. Shumate on May 27, 2026, the memo directs DOJ attorneys to accelerate their review and prosecution of whistleblower suits alleging fraud
The Third Circuit recently heard oral argument on the ongoing question regarding the constitutionality of the qui tam provision of the False Claims Act (FCA). The issue arose in United States ex rel. Penelow v. Janssen Products, LP, No. 25-1818 (3d Cir.) — a non-intervened qui tam that went to trial and ultimately led
Mortgage lenders and other entities submitting claims for payment to the federal government should take note of recent case law from the Ninth Circuit emphasizing how private litigants continue to drive litigation under the False Claims Act (FCA), even when the government shows little initiative to proceed (or, in this case, even moves to dismiss).
In a recent blog post, Bradley discussed increased False Claims Act (FCA) enforcement by the Department of Justice (DOJ) aimed at curbing diversity, equity and inclusion (DEI) programs in the private sector. Since then, the administration continues to ramp up regulatory pressures on DEI initiatives.
On March 26, 2026, President Trump issued another executive