Attorney General Holder Leaves Legacy on False Claims Act

As Attorney General Eric Holder prepares to step down, his success with False Claims Act cases is being highlighted by the Department of Justice. Amongst his greatest legacy is the creating Heath Care Fraud Prevention and Enforcement Action Team (“HEAT”) in 2009. Since its inception in 2009, the HEAT team has conducted six nationwide enforcement actions resulting in charges against 600 individuals and a financial recovery nearing $2 billion. Additionally, the Department has recovered more than $20.2 billion as a result of False Claims Act actions since 2009.

Highlights of the enforcement efforts include a record breaking 2013 recovery of $3.8 billion. This is the second largest annual recovery in history, bested only by a $5 billion recovery in 2012. The largest recoveries in 2012 were attributed to off label marketing of pharmaceutical drugs, including record breaking recoveries from GlaxoSmithKline. Additionally, the Department received an all-time high of 752 relator actions under the False Claims Act in 2013, double the number since 2009. Attorney General Holder is credited with creating a relator friendly attitude at the Department of Justice.