Investigation, Interpretation and Enforcement: FCA in the COVID-19 Era

White Collar Defense and Investigations Partner Megan Mocho Jeschke was cited in a Financier Worldwide Magazine article analyzing the use of the False Claims Act (FCA) to combat pandemic-related fraud. In 2020, the U.S. Department of Justice opened a record number of new FCA investigations. The trillions of dollars available from relief programs and stimulus packages also meant that enforcement activity extended well beyond industries like healthcare and financial services typically associated with the FCA. Looking ahead, Ms. Jeschke explained why 2021 is expected to match or even surpass 2020 in terms of investigations and enforcement activity.

"Whenever large amounts of federal funds are disbursed in a short period of time, the number of FCA cases increases and large settlements emerge in the years that follow," she said. "This will be the case here and will be compounded by the sheer number of loans and grants awarded during the pandemic, the government's increased fidelity to data mining and exposure to non-traditional whistleblowers."

READ: Investigation, Interpretation and Enforcement: FCA in the COVID-19 Era