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The US DoJ and what’s next for the False Claims Act. A thought provoking article from lawyers at Hogan Lovells. The FCA has been a powerful enforcement tool, how will it fair under the new administration, as the 11th Circuit hears oral arguments later in 2025 on constitutionality of Whistleblower provisions under Article II?Will Doge actions cut back on wasteful FCA cases, citing resources, how will this be balanced with new executive orders (DEI) seeking to empower whistleblower interventions? How does the impact of overturning of the Chevron Doctrine, with the historic reliance on agency guidance affect FCA cases where there is a reliance on Federal Agency documents.An important point is raised around the adoption of AI as it related to FCA enforcement. As companies develop and deploy AI in areas such as healthcare, where AI could produce false responses through reasoning. Could this heighten the risk of enforcement if they ‘recklessly disregard’ inaccurate result provided by AI systems and ‘indifference’ toward the accuracy of submitted claims. That should be mitigated by the introduction of appropriate frameworks, policies and standards.Dan Miles AI could also benefit the DoJ and FCA, as it can be deployed to evaluate regulatory compliance. AI has the ability to interrogate large data sets and identify failures in compliance that are often difficult to surface by other means. With the significant financial incentives associated with FCA qui tam claims will the US government start to use the technology to surface claims?@Thaddeus Dziekanowski Brian D. McCarthy Faisal Khan Rachel V. Rose, JD, MBAVeritas GRC U.S. Department of Justice#cybersecurity #cyberriskmanagement #cyberregulation #falseclaimsact
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