Executive summary

Notwithstanding the unprecedented business disruptions caused by the COVID-19 pandemic and the immense human and financial toll it has taken, the United States Department of Justice (DOJ) continued a sustained program of enforcement of the False Claims Act (FCA) in 2020.

These efforts produced both significant judicial decisions on issues of increasing importance in FCA jurisprudence and the recovery of substantial damages and penalties in settlements under the Act.

“With the DOJ’s recent directive to U.S. Attorneys to prioritize the investigation of coronavirus-related fraud, the unprecedented amount of federal stimulus payments, and a new presidential administration, FCA enforcement and compliance issues will continue to be important considerations for businesses in all sectors of the economy.”

Maria Durant

Editor and Partner

Mike Theis

Editor and Partner

2020 and the road ahead

Guide sections

The CARES Act serves up COVID-19 relief funds along with potential risks and defenses

Evolving application of materiality standard continues to shape FCA litigation

False Claims Act risk for lenders: Will risk from the PPP program rival that of federally-insured mortgage programs?

Deepening circuit split about falsity of medical opinions invites a U.S. Supreme Court decision

The CIMZNHCA decision:
A third standard for DOJ dismissals

Recent developments in False Claims Act enforcement of the incentive payment ban in higher education

Looking ahead

About Hogan Lovells Investigations, White Collar and Fraud practice

Our award-winning team handles all issues relating to enforcement, whistle-blowing, criminal liability, regulatory violations, tax investigations, and asset recovery. We pursue and defend claims against executive boards, and we craft internal programs and policies that comply with global legislation, such as the Foreign Corrupt Practices Act and the UK Bribery Act.