Enforcement Trends to Expect Post-Lockdown

With the COVID lockdown, the law enforcement agencies, including the United States Department of Justice (DOJ), the local US Attorneys’ Offices, and the state enforcement agencies worked on a limited basis for much of 2020 and 2021 to present date. The slowdown in enforcement in 2020 due to the pandemic was reflected in the civil fraud recoveries for that year. The DOJ reported $2.2 billion in settlement and judgments for civil cases in the fiscal year 2020 (from October 1, 2019, to September 30, 2020), which was down from the over $3 billion recovered in the fiscal year 2019 and was the lowest civil fraud recovery in a decade. The percentage of healthcare recovery was higher, totaling approximately $1.8 billion in 2020, or over 80% of the recovery of all civil fraud cases.

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