DOJ Criminal Division to more heavily scrutinize whistle-blower complaints

Criminal prosecutors in the Department of Justice Criminal Division's Fraud Section are now required to more actively investigate qui tam, or whistle-blower, complaints, filed under the False Claims Act, according to a National Law Review report.

The DOJ policy was announced last month by Assistant Attorney General for the Criminal Division, Leslie Caldwell, during a speech at the Taxpayers Against Fraud Education Fund Conference in Washington, D.C.

Although the Fraud Division prosecutors have been reviewing whistle-blower complaints since 2007, the reviews have led to very few active prosecutions, according to the report.

With the Criminal Division more involved in False Claims cases, it may be more difficult for defendants to reach settlements with the government, as settlements will now need Civil and Criminal Division approval.

In addition, defendants in whistle-blower cases will face increased pressure to accept settlement offers from the government to avoid high-risk criminal investigations, according to the report.

More articles on the False Claims Act:

Judge rules Novartis must face Anti-Kickback lawsuit 
CVS' Caremark unit to pay $6M to settle FCA allegations
Shire Pharmaceuticals to pay $56.6M to resolve FCA allegations over Adderall marketing 

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