DOJ Announces Another Increase to Already-High False Claims Act Penalties

By Samantha P. Kingsbury

Last Friday, the Department of Justice (DOJ) announced another increase to civil monetary penalties assessed under the False Claims Act (FCA), among other statutes.

DOJ made these adjustments to account for inflation, in accordance with the Bipartisan Budget Act of 2015, and they apply to penalties assessed after June 19, 2020, for violations occurring after November 2, 2015.

Over the last several years, DOJ has announced many such updates to penalties assessed under the FCA.  Following this most recent update, the minimum per-claim penalty increased from $11,181 to $11,665, and the maximum per-claim penalty increased from $22,363 to $23,331.

 

 

 

DOJ Penalty Assessed After August 1, 2016

 

 

DOJ Penalty Assessed After February 3, 2017

 

 

DOJ Penalty Assessed After January 29, 2018

 

 

DOJ Penalty Assessed After June 19, 2020

 

Minimum Per-Claim Penalty

$10,781

$10,957

$11,181

$11,665

Maximum Per-Claim Penalty

$21,563

$21,916

$22,363

$23,331

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    Author

    Samantha P. Kingsbury

    Of Counsel

    Samantha advises clients on regulatory and enforcement matters. She has deep experience handling violations of the federal ant-kickback statute and FCA investigations for clinical laboratories and hospitals.