The US Department of Justice (“DOJ”) has successfully extracted billions of dollars in False Claims Act (“FCA”) settlements between 2009 and 2016. But successful settlements do not necessarily mean fair settlements—allegations have been made that the DOJ has abused its power by cajoling and pressuring settlements with questionable legal foundation on the bet that few want to be sued by the federal government. This Legal Update proposes five potential legislative fixes to promote more fairness in the administration of the FCA.
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