Insight

Key Takeaways From DOJ’s Annual FCA Recoveries Press Release: FY 2022 Edition

Sherrard Roe Blog

Christopher C. Sabis

Christopher C. Sabis

December 17, 2024 03:23 PM

Key Takeaways From DOJ’s Annual FCA Recoveries Press Release: FY 2022 Edition

March 6, 2023 I Sherrard Roe Blog I Christopher C. Sabis

Every year, the Department of Justice (DOJ) issues a press release disclosing its recoveries in False Claims Act (FCA) actions for the past fiscal year. The release provides the Department with an annual opportunity to flex about its enforcement efforts and, as it always does, proudly share a cumulative top-line figure about the amounts it recovered through settlements and judgments. For fiscal year 2022, that figure is $2.2 billion. Although some commentators have written headlines about how low this figure is, it is actually pretty consistent with last year when you take out the $3 billion of the FY 2021 total that came from two opioid-related resolutions.

Although the $2.2 billion figure means little on its own, the report can give those in the healthcare industry and others who receive government funds and reimbursements some insights into what to expect in the coming year regarding the DOJ’s priorities and approach to FCA investigations and enforcement actions. Here are some of the key takeaways from this year’s report:

  • Of the more than $2.2 billion in FCA settlements and judgments reported by the DOJ in fiscal year 2022, over $1.7 billion related to matters involving the healthcare industry, including drug and medical device manufacturers, durable medical equipment, home health and managed care providers, hospitals, pharmacies, hospice organizations, and physicians. Unsurprisingly, healthcare maintains its dubious distinction as DOJ Target No. 1.

  • Whistleblowers filed 652 qui tam suits in FY 2022, a slight uptick from the 598 suits filed in FY 2021. Settlements and judgments exceeded $1.9 billion in these and earlier filed qui tam

  • As always, the DOJ went hard after kickback schemes in the healthcare industry and recovered substantial sums. The DOJ highlighted multiple seven and eight-figure settlements but the standout is the $843.8 paid by pharmaceutical company Biogen Inc. to resolve allegations that the company offered and paid kickbacks in the form of speaker honoraria, speaker training fees, consulting fees, and meals to physicians who spoke at or attended Biogen programs connected to Biogen’s multiple sclerosis drugs. HHS-OIG warned us this was coming back in 2020.

  • The FY 2022 recoveries “reflected the department’s focus on new enforcement priorities, including fraud in pandemic relief programs and alleged violations of cybersecurity requirements in government contracts and grants"

  • Speaking of the pandemic, the DOJ continued its efforts involving COVID-19-related fraud, focusing on improper payments under the Paycheck Protection Program (PPP). The department resolved 35 FCA matters, recovering over $6.8 million and avoiding more than $1.5 million in losses for the SBA tied to federal guarantees on fraudulent PPP loans. It will be interesting to see the scope of conduct that DOJ pursues through the FCA relating to pandemic relief measures like the PPP in FY 2023, especially given the relatively low $194,286 recovered per PPP case in 2022.

  • FY 2021 saw the DOJ’s first recovery under the Civil Cyber-Fraud Initiative it launched in October 2021 to use the FCA to combat new and emerging cyber threats

  • DOJ also highlighted that it continues holding individuals, not just corporations, accountable for FCA violations, citing resolutions involving physicians and corporate executives

We continue to monitor developments in the FCA space. Follow us on LinkedIn for future updates and contact the lawyers in our Government Compliance & Investigations or Healthcare groups with any questions or concerns.

Chris Sabis is a healthcare and procurement fraud lawyer specializing in Government Compliance and Investigations, Healthcare, and Litigation.

Trending Articles

2026 Best Lawyers Awards: Recognizing Legal Talent Across the United States


by Jamilla Tabbara

The 2026 editions highlight the top 5% of U.S. attorneys, showcase emerging practice areas and reveal trends shaping the nation’s legal profession.

Map of the United States represented in The Best Lawyers in America 2026 awards

Gun Rights for Convicted Felons? The DOJ Says It's Time.


by Bryan Driscoll

It's more than an administrative reopening of a long-dormant issue; it's a test of how the law reconciles the right to bear arms with protecting the public.

Firearms application behind jail bars

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

How to Choose a Good Lawyer: Tips, Traits and Questions to Ask


by Laurie Villanueva

A Practical Guide for Your First-Time Hiring a Lawyer

Three professional lawyers walking together and discussing work

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Common-Law Marriage in Indiana: Are You Legally Protected?


by Laurie Villanueva

Understanding cohabitation rights and common-law marriage recognition in Indiana.

Married Indiana couple in their home

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

AI Tools for Lawyers: How Smithy AI Solves Key Challenges


by Jamilla Tabbara

Understand the features and benefits within the Best Lawyers Digital Marketing Platform.

Legal professional editing profile content with Smithy AI

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins