The Department of Justice (DOJ) issued its year-end report for 2025, noting accomplishments of the civil cases filed under the False Claims Act (FCA), on January 16, 2026. Just a week earlier, the DOJ announced a new internal position tasked with overseeing criminal and civil fraud enforcement, reporting directly to the President.
2025 was a windfall year for the DOJ’s FCA enforcement, with a record-setting $6.8 billion recovered and a new record for the number of qui tam lawsuits filed. The DOJ continues to actively pursue healthcare fraud and customs duty evasion. In 2026, the DOJ’s FCA enforcement body pivots to focus on diversity, equity, and inclusion (DEI) programs, antisemitism, and gender transition.
The year-end report for 2025 contained several areas of note and of possible concern that you may need to address with your False Claims Act lawyer.
FCA recoveries reached an all-time high
2025’s FCA recoveries of $6.8 billion eclipsed 2024’s $2.9 billion, driven by a handful of cases, including United States ex rel. Penelow v. Janssen Products, LP (D.N.J), which resulted in a recovery of $1.64 billion, and United States ex rel. Bassan v. Omnicare, Inc. (S.D.N.Y.), with a recovery of $949 million.
FCA recovery is a top priority for the current administration, even amid government pruning recommended by the Department of Government Efficiency (DOGE), including agencies that partner with the DOJ in civil fraud enforcement actions. However, the Civil Fraud Section of the DOJ saw no layoffs, and the division is going full steam ahead with investigations. Companies should have a professional outside risk assessment to ensure compliance with government regulations.
Qui tam lawsuit filings broke records for 2025
FY 2024 saw 980 qui tam lawsuits filed, a record-breaking year, only for 2025 to far surpass it, with 1,297 filings. Many of FY 2024’s filings concerned pandemic-era Paycheck Protection Program (PPP) fraud, but as pandemic-related measures recede, these filings are expected to decline.
The DOJ has issued multiple requests for fraud reporting across many industries, including trade, government operations, and health care.
That being said, the number of qui tam relators (whistleblowers) may drop if the U.S. Supreme Court determines that it’s unconstitutional for private citizens to bring fraud claims on behalf of the federal government. 2025 could be the last year of record-breaking whistleblower filings.
Federal procurement and grants, pandemic relief, and cyber-fraud remain targets
Federal procurement, grant programs, healthcare, and cybersecurity compliance continue to be core areas of False Claims Act enforcement. These matters have historically driven a significant portion of FCA recoveries and remain a focus of DOJ investigations.
Cybersecurity compliance, in particular, has drawn increased attention in recent years. DOJ commentary and enforcement actions tied to contractor cybersecurity requirements reflect growing concern about data protection obligations tied to federal funding.
The DOJ entices companies to seek credit for self-disclosure and remediation
The Department of Justice offers credit in FCA settlements for companies that self-disclose, cooperate with the proceedings, and offer remediation. Self-disclosure programs have not been widely used, except in situations where it’s legally compelled (and then it can be argued that the self-disclosure wasn’t entirely voluntary).
One of the reasons these programs have been little used is the perception among many companies that the DOJ doesn’t furnish sufficient credit incentives or disclose the existence of a sealed qui tam claim covering the same incidents. The worry that the government would use any self-reporting against the entity, instead of viewing it as cooperation, is another reason for the low numbers of self-reported fraud.
However, the DOJ has offered more credit to companies in recent years, especially for cyber-fraud reporting. But, before your company self-reports, it’s advisable to consult with an experienced qui tam attorney, one who can perform a risk assessment and help you weigh the advantages of self-reporting fraud.
The bottom line is that the government isn’t slowing down on civil fraud investigations. Companies at risk should consider their options carefully, in accordance with counsel.
Get the legal advice you need for your FCA matter
The attorneys at Griffin Durham Tanner & Clarkson LLC represent whistleblowers, companies, and individuals in matters involving alleged violations of the False Claims Act. The firm’s experience on both the plaintiff and defense sides provides insight into how FCA matters are investigated and litigated.
Organizations and individuals facing FCA-related questions can benefit from legal guidance that addresses compliance risk, investigative exposure, and strategic options. To discuss these issues, contact us online or call (404) 891-9150.
