While the federal government has relied on the False Claims Act (FCA) to combat fraud across a range of sectors since 1986, in 2022, the Department of Justice set its sights on new enforcement priorities, including fraud in the cybersecurity realm. In October 2021, DOJ announced its Civil Cyber-Fraud Initiative, dedicated to using the FCA to combat new and emerging cyber threats. The initiative utilizes the tools contained in the FCA to hold government contractors liable for providing deficient cybersecurity products or services. Additionally, the initiative seeks to root out misrepresentations of cybersecurity practices or intentional failures to report cyber incidents. The government obtained its first settlement under this initiative in 2022, collecting $930,000. Companies and individuals should expect that this is just the beginning for FCA cases related to cybersecurity. To keep you apprised of the current enforcement trends and the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2022 Year in Review, our 11th annual review of significant FCA cases, developments and trends.

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Photo of Ty E. Howard Ty E. Howard

Ty Howard brings the perspective of a former state and federal prosecutor to defending and counseling businesses and individuals involved in government investigations, compliance matters, False Claims Act and whistleblower cases, related business litigation, and white-collar criminal matters. As a litigator and chair…

Ty Howard brings the perspective of a former state and federal prosecutor to defending and counseling businesses and individuals involved in government investigations, compliance matters, False Claims Act and whistleblower cases, related business litigation, and white-collar criminal matters. As a litigator and chair of Bradley’s Government Enforcement and Investigations group, he works collaboratively with clients, across many industries, to find creative solutions to their compliance needs, to conduct sensitive investigations and negotiations, and—when necessary—to mount a vigorous defense.

Photo of Brad Robertson Brad Robertson

Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims…

Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims Act, Anti-Kickback Statute and FIRREA, in addition to other areas of healthcare fraud and abuse, financial/mortgage fraud, and white collar criminal law.

Photo of Jonathan H. Ferry Jonathan H. Ferry

Jon Ferry brings his substantial experience as a federal prosecutor to assisting clients in False Claims Act litigation, government investigations and other enforcement actions, internal risk analysis and internal investigations.

Jon served as Assistant U.S. Attorney for the Western District of North Carolina…

Jon Ferry brings his substantial experience as a federal prosecutor to assisting clients in False Claims Act litigation, government investigations and other enforcement actions, internal risk analysis and internal investigations.

Jon served as Assistant U.S. Attorney for the Western District of North Carolina for over seven years. As the head of the Affirmative Civil Enforcement (ACE) program and the Healthcare Fraud Coordinator for the U.S. Attorney’s Office, Jon led and supervised numerous investigations in the areas of healthcare, financial services and other complex frauds. He has significant experience with the False Claims Act and other whistleblower actions, healthcare regulations (including the Anti-Kickback Statute and Stark Law), the Food Drugs and Cosmetics Act, and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).

Photo of Daniel Fortune Daniel Fortune

Daniel Fortune represents clients in matters involving cybersecurity, white collar defense, government enforcement actions, and regulatory compliance. Prior to joining Bradley, Daniel served as the lead cybersecurity attorney at a litigation boutique, and as a state prosecutor and federal prosecutor litigating matters involving…

Daniel Fortune represents clients in matters involving cybersecurity, white collar defense, government enforcement actions, and regulatory compliance. Prior to joining Bradley, Daniel served as the lead cybersecurity attorney at a litigation boutique, and as a state prosecutor and federal prosecutor litigating matters involving computer forensics, white collar crime, and government investigations. As the Deputy Chief Assistant U.S. Attorney in the Criminal Division, he supervised major cybercrime, white collar fraud, public corruption, asset forfeiture, and national security matters. He also served as the Computer Hacking and Intellectual Property Coordinator with top-secret security clearance, working on matters involving cleared defense contractors.