The statistics also reflect that more new qui tam and non-qui tam matters were initiated in 2022 than in the previous year. As has historically been the case, the majority recovered came from enforcement in the healthcare industry. We do not expect this lower recovery to be the new normal. The overall recovery in 2022 was the smallest since 2008, even without accounting for inflation. At the same time, the total amount recovered represents a significant decline compared to the $5.6 billion recovered in 2021, which was the second largest annual recovery in FCA history. Notably, the number of cases resulting in settlements or judgments-351-was the second highest in the history of the FCA. The DOJ Civil Division recently announced recoveries totaling $2.2 billion from FCA settlements and judgments in FY 2022. But healthcare providers, government contractors, and others whose conduct may implicate the FCA should take note that the overall trend is for the DOJ and whistleblowers to initiate more of these cases and for more of them to be resolved by the defendants paying money, either through settlements or as a result of judgments. Looking Ahead: The dollar amounts of recoveries under the FCA can vary widely from year to year, depending on the timing and dollar amount of the comparatively small number of large settlements that comprise the bulk of the recoveries. The Result: The number of FCA matters resolved, as well as the number of new FCA matters initiated by whistleblowers and the DOJ, both increased slightly in FY 2022, even though the total dollar amount recovered under the FCA in FY 2022 was less than half the amount recovered in FY 2021. The Situation: The United States Department of Justice ("DOJ") recently issued statistics and a related press release regarding its fiscal year ("FY") 2022 enforcement activity under the False Claims Act ("FCA").
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