Lincoln’s Law Ascendant? Criminal Enforcement and the False Claims Act

In an article for the New York Law Journal, white collar partners Craig Heeren and Peter Baldwin discuss the False Claims Act (FCA), identify business areas expected to receive increasing scrutiny and provide guidance on steps a business can take to mitigate the risk of successful lawsuits or criminal enforcement.

The authors note that the FCA, along with corresponding criminal statutes, is poised to be a significant enforcement mechanism in areas aligned with the new administration’s policy priorities. This has been recently demonstrated by Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which mandates certification about anti-discrimination compliance that creates risk of FCA liability.

The authors end the article by emphasizing that as the U.S. government intensifies its focus on national security, businesses involved in regulated industries must prepare for the risk of increased scrutiny under the FCA.