Against the backdrop of heavy scrutiny on fraud, waste, and abuse in federal programs, the Department of Justice recently revised two sections of its enforcement manual (the “Justice Manual”) covering the False Claims Act (“FCA”). The revisions impact DOJ’s decisions regarding which cases to pursue, which to dismiss, and what evidence DOJ attorneys can marshal in FCA cases. These changes arrive alongside a broader expansion of DOJ’s fraud enforcement efforts, including the enforcement priorities set forth in an August 2026 memorandum establishing DOJ’s new National Fraud Enforcement Division. Companies and individuals in heavily scrutinized sectors—including healthcare companies and importers—should take heed.
I. Overview of the False Claims Act and the Justice Manual
The False Claims Act is the federal government’s primary fraud-enforcement statute.1 It allows DOJ…
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