Rebecca Furdek recently published an article in Wisconsin Lawyer magazine reviewing the first year of the second Trump administration. She discusses three primary trends: the use of executive orders, deregulation across federal agencies, and white-collar enforcement priorities. As Rebecca explains, “[t]he second Trump term started with a splash in both the federal regulatory and enforcement
DOJ’s Brenna Jenny Comments on Priorities for FCA Enforcement
On January 28, 2026, Brenna Jenny, Deputy Assistant Attorney General for the Commercial Litigation Branch of the Department of Justice’s Civil Division, delivered comments to False Claims Act (“FCA”) practitioners about DOJ’s FCA statistics for the previous year and some of her office’s priorities for the years ahead. Jenny leads the DOJ attorneys that handle FCA investigations nationwide. Delivered at an American Conference Institute meeting in New York, Jenny touted DOJ’s record-breaking total of settlements and judgments exceeding $6.8 billion last year and confirmed there is more to come.
DOJ’s Annual Report and Civil Fraud Leadership Suggests FCA Cases Will Dominate 2026 Enforcement Efforts
The Department of Justice (“DOJ”) recently released its 2025 statistics for federal False Claims Act cases. With settlements and judgments exceeding $6.8 billion last year, DOJ’s report shows that the False Claims Act (“FCA”) remains one of DOJ’s most potent and frequently-used investigation tools. The annual report also suggests that, after a year of change and turnover that touched virtually every corner and level at DOJ, the coming year will most certainly feature a historically high volume of FCA cases. Recipients of federal funds in the healthcare industry, federal contractors, and grant recipients should pay careful attention to every claim for payment or compliance certification submitted to any federal authority.
Modern Criminal Forfeiture: Constitutional Limits and Practical Realities
In white-collar criminal cases, forfeiture is one of the most consequential sentencing components, yet it remains overlooked and misunderstood by practitioners. The U.S. Court of Appeals, Second Circuit’s recent decision in United States v. Ng Chong Hwa demonstrates why a thorough understanding of forfeiture is essential.
Year-End False Claims Act Roundup: Key Cases, Enforcement Trends, and What Businesses Should Do Now
2025 has been a landmark year for False Claims Act (FCA) enforcement, marked by record-breaking settlements, evolving legal theories, and a broadening scope of government priorities. The FCA remains one of the federal government’s most potent tools for combating fraud, with billions recovered annually and an ever-expanding reach into new sectors and compliance areas. This roundup synthesizes the year’s most significant developments—drawing on recent case law and shifting enforcement priorities—and provides actionable insights for businesses navigating the FCA landscape.
State Attorneys General 2025 Enforcement Landscape: What Companies Need to Know
2025 marked another notable year in State Attorneys General (AG) enforcement, with both a sharp uptick in multistate AG actions filed against the federal government and significant actions targeting the private sector across industries. We will highlight two issue areas here—antitrust and consumer protection—and describe the escalating friction between State AGs and the federal government as well as distill this year’s trends into actionable takeaways for businesses as we enter 2026.
DOJ’s 2025 Enforcement Landscape: What Companies Need to Know
This year, the Department of Justice (DOJ) increased its focus on white-collar crime enforcement in some areas, prioritized new areas, and shifted resources away from others. Many of these changes are reflected in Acting Assistant Attorney General Matthew R. Galeotti’s May 12, 2025, memorandum to the DOJ’s Criminal Division (Galeotti Memo), which highlighted 10 high-impact areas of white-collar crime for enforcement:[1]
Understanding HIPAA Disclosures When Responding to CIDs in FCA Investigations
In Episode 33 of False Claims Act Insights, Claire Postman and I tackle a critical challenge for healthcare providers: balancing HIPAA compliance with civil investigative demands (CIDs) in False Claims Act investigations. Claire explains HIPAA’s general prohibition on disclosing protected health information and the key exceptions that permit disclosure when required by law, such as
Unraveling the DOJ Tax Division: What Its Dissolution Means for Tax Enforcement
Since 1934, the United States Department of Justice (DOJ) Tax Division has been responsible for handling both DOJ’s civil and criminal tax enforcement. The Tax Division works with the IRS to oversee criminal investigations and the prosecution of tax crimes (supervising and coordinating with local United States Attorneys) and engage in civil enforcement activities including
DOJ’s Revised Corporate Enforcement Policy in Action
On May 12, 2025, the Department of Justice (DOJ) announced revisions to its Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). As stated by Matthew Galeotti, head of the DOJ’s Criminal Division, the purpose of the revised CEP is to incentivize companies to “come forward, come clean, reform, and cooperate with the government in efficient investigations