DOJ’s “Aggressive” Fraud Division Expands Corporate Fraud Whistleblower Program into Federal Healthcare Programs
- October 13, 2026 by Erik R. Giannitrapani
- Federal False Claims Act
On October 1, 2026, National Fraud Enforcement Division Chief, Assistant Attorney General Colin McDonald, issued a memorandum highlighting the Department of Justice’s commitment to combating fraud. Directive 26-12: Corporate Enforcement in the Fight Against Fraud. Available here. As part of its “aggressive” approach, McDonald directed the Fraud Division leaders to work with law enforcement partners to “design and implement policies and programs that appropriately incentivize whistleblowers to bring forward credible information pertaining to fraud.”
The Fraud Division has already taken steps to encourage whistleblowers by including awards under the Corporate Whistleblower Awards Pilot Program even when the whistleblower could have filed under an existing whistleblower, qui tam, or similar program for the same misconduct. See Department of Justice Corporate Whistleblower Awards Pilot Program Guidance. Available here. This change expands whistleblowers’ rewards to criminal forfeitures based on reports against healthcare fraud on federal programs, including Medicare.
Historically, Relators’ counsel has viewed the Criminal Division’s involvement as a double-edged sword. On the one hand, criminal involvement usually means that the evidence of liability (given that the burden of proof for criminal liability is higher than in a civil qui tam), and it is more likely that the qui tam case will resolve favorably. On the other hand, courts have generally refused to let Relators intervene in, or claim a share of, criminal forfeiture proceedings.
By allowing Relators to receive credit under the Corporate Whistleblower Awards Pilot Program, the Fraud Division has encouraged Relators to provide information, including insider information that the government would not otherwise have, concerning potential corporate criminal fraud to the Criminal Division sooner, and has encouraged greater cooperation by Relators and their counsel.