False Claims Act (“FCA”) settlements and judgments exceeded $2.69 billion in fiscal year 2023, with Health and Human Services (“HHS”) and Health Care the leading area at $1.8 billion. The FCA imposes triple damages and penalties on individuals and companies who knowingly and falsely claim money from the U.S. government or knowingly fail to pay money to the U.S.
Whistleblower lawsuits (known as “qui tam” actions, brought by a “relator” or whistleblower) comprise a significant percentage of the FCA cases. Qui Tam cases may be pursued by the government or the whistleblower, and significant recoveries were obtained in both. Relators typically receives a portion of the monetary recovery ranging between 15% and 30%. Whistleblowers filed 712 qui tam suits in fiscal year 2023, with settlements and judgments exceeding $2.3 billion.
The chart below summarizes the relevant results in millions of dollars.
| Fiscal Year & Department(s) | Settlements and Judgments-Non-Qui Tam | Settlements
And Judgments-Qui Tam |
Relator Share Awards | Qui Tam and Non Qui Tam |
| Entire US Government FY2023 | 356.2 | 2,333.3 | 349.6 | 2,689.4 |
| Entire U.S. Government FY1987-2023 | 22,554.0 | 52,753.0 | 8,998.6 | 75,307.0 |
| (FY 2023 Results below) | ||||
| Health and HHS – FY2023 | 240.5 | 1.577.2 | 200.2 | 1,817.7 |
| Dept of Defense (DOD)-FY2023 | 50.7 | 501.3 | 104.4 | 551.9 |
| All other Agencies-FY2023 | 65.0 | 254.9 | 45.0 | 319.9 |
In FY 2023, the entire U.S. Government had FCA settlements and judgments of $2,689.4 million. Relator share awards of those settlements and judgments totaled $349.6 million.
Over the entire period FY 1987-2023, the entire U.S. Government had FCA settlements and judgments of $75,307 million. Relator share awards of the qui tam portion of those settlements and judgments totaled $8,998.6 million.
It was a very successful year for actions under the FCA.
By Richard D. Lieberman, Consultant
For other helpful suggestions on government contracting, visit:
Richard D. Lieberman’s FAR Consulting & Training at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes.