As we enter 2026, few would have envisioned that the False Claims Act (“FCA”), a Civil War era tool that was used by President Abraham Lincoln to address procurement fraud, would today become one of the “government’s most powerful weapons against fraud”.[1] The Department of Justice (“DOJ”) has made clear the FCA as a priority to address and redress fraud against the government, and businesses as well as their acquirers. In fact, settlements and judgments in fiscal 2025 were record-breaking, with the highest number since the FCA was adopted.
In this new era of False Claims Act enforcement, no business is immune from the DOJ’s reach or radar, and investors should consider the implications of the FCA.[2] Under the FCA’s “qui tam” provision, private individuals (known as “whistleblowers” or “relators”) can file lawsuits on behalf of the federal government alleging other private…
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