DOJ Signals That It Will Increase FCA Enforcement to Curb Opioid Crisis in the Most Meritorious Cases
Client Alert | 1 min read | 03.13.18
The Department of Justice (DOJ) has signaled that it will increase its use of the False Claims Act (FCA) to address the opioid crisis. Addressing the Federal Bar Association’s Qui Tam Conference on February 28th, Deputy Associate Attorney General Stephen Cox stated that the FCA “provides the government with a powerful tool to pursue all of those in the opioid distribution chain that are responsible for the improper marketing, distribution, prescription and diversion of opioids” and that it is a tool that DOJ is “increasingly using to address the opioid crisis.” Mr. Cox also emphasized that the department would only focus on the most meritorious cases. He referred to the Brand Memo, issued earlier this year, to reiterate that DOJ would not use agency guidance to create legal obligations in FCA enforcement. He also alluded to the Granston Memo from January, which contains internal department guidelines for exercising dismissal authority of qui tam cases. Mr. Cox concluded that DOJ “takes its responsibility seriously” and will move to dismiss “where necessary to protect the long-term interests of both the government and relators.” (A full transcript of the address can be found here).
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Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
