Since September 2015, United States Deputy Attorney General Sally Yates’s Memorandum (Yates Memo) has been the topic of intense discussion within the legal community, generating a wide range of views on its impact on FCA investigations and litigation. Acting Associate Attorney General Bill Baer recently delivered remarks at the ABA’s 11th National Institute on Civil False Claims Act and Qui Tam Enforcement, which addressed the Yates Memo and some of the questions it has generated.
Baer opened his speech by highlighting trends in FCA enforcement. The Government and relators filed more than 630 new qui tam matters in 2015 and more than 4,700 qui tam matters since 2009. Since 2009, the Government has recovered over $29.5 billion for all FCA matters, and relators have received awards topping $3 billion for identifying and helping to prosecute FCA violations. Baer used these statistics not only to reaffirm the DOJ’s commitment to FCA enforcement, but also to segue into a deeper discussion of the application of the Yates Memo.
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