False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
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False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
Will Recent Leadership Changes Lead to FCA Enforcement Policy Changes?
False Claims Act Insights
22 minutes 25 seconds
5 months ago
Will Recent Leadership Changes Lead to FCA Enforcement Policy Changes?
Host Jonathan Porter welcomes to the show Husch Blackwell partner Brian Flood to discuss how newly appointed personnel in the Trump administration could impact False Claims Act (FCA) enforcement for the remainder of 2025 and beyond.
Jonathan and Brian begin by discussing the departure from the Department of Justice of Michael Granston, the former deputy assistant attorney general for the Commercial Litigation Branch. Over nearly 30 years, Granston had a strong influence on the development of DOJ’s approach to qui tam litigations and the FCA. His replacement, Brenna Jenny, rejoins government after a stint in private practice. The conversation explores how her approach to FCA enforcement may be informed by her real-world experience representing defendants, particularly around the notion of dismissal of declined qui tams and “but for” causation, the latter of which is the subject of a circuit split and is hotly contested in the FCA space.
Jonathan and Brian then pivot to consider the implications arising from the January 2025 dismissal of Christi Grimm, an inspector general (IG) with the Department of Health and Human Services. Our conversation touches on how the IG’s role intersects with FCA enforcement and IG’s have traditionally maintained a delicate balance between developing excellent working relationships with private industry while being vigilant in their oversight role. Jonathan and Brian also discuss the potential for wider ranging impacts within HHS where a new cadre of leadership could question the larger enforcement structure as it relates to healthcare, which could lead to uncertainty regarding the efficacy of prior regulatory guidance. The conversation wraps up with some broad thoughts on the direction of healthcare regulatory enforcement priorities.
False Claims Act Insights
False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
