On February 28, 2018, Deputy Associate Attorney General Stephen Cox delivered remarks on DOJ’s False Claims Act (“FCA”) enforcement efforts at the Federal Bar Association’s Qui Tam Conference.  Cox reported that the Department recovered more than $3.4 billion for the United States in Fiscal Year 2017 under the FCA and emphasized that while there are many FCA cases that DOJ can pursue, it is seeking to avoid “regulation by enforcement.”  Cox discussed recent DOJ regulatory reform efforts and in particular the recent Brand Memo, which imposed limitations on the use of regulatory guidance documents in affirmative civil enforcement actions.  Cox stressed that the Brand Memo makes clear that the FCA is “not a vehicle for punishing noncompliance with nonbinding guidance documents” and provided hypothetical examples of how the policy might play out in the FCA context.  He also discussed the Department’s internal guidelines for exercising its dismissal authority over qui tam actions brought by relators, emphasizing the importance of exercising this authority over non-meritorious cases to maintain a “vigorous and effective” FCA.

Remarks as Prepared