LITIGATION TRENDS 2025 | 137 T O C E M P E S G A N T I I P C A P R O W C S P O R T C O N T A C T I N T A P P P A T C C L S E C successes for the DOJ were consistent with a general trend in 2024, which saw the highest number of qui tam actions filed in history and the second highest number of recoveries. In the 2024 fiscal year, FCA settlements and judgments exceeded $2.9 billion—a clear reflection that the FCA was a key enforcement priority for the DOJ. In recent times, the DOJ’s focus has been on combating health care fraud, with approximately $1.67 billion of the recoveries obtained from the industry. Specifically, the DOJ has zeroed in on tackling the opioid epidemic, recouping funds fraudulently obtained via pandemic relief programs, and identifying violations of cybersecurity requirements—particularly those included in government contracts and grants. On February 20, 2025, during a speech to the Federal Bar Association’s annual qui tam conference, Michael Granston, Deputy Assistant Attorney General for the Commercial Litigation Branch at the DOJ, said that the Trump Administration will aggressively enforce the FCA to root out “waste, fraud and abuse.” Interestingly, Mr. Granston noted that the DOJ’s FCA focus under the Trump Administration will go beyond DOJ’s typical targets, specifically identifying foreign trade issues and tariffs. We expect to see continued, aggressive enforcement of the FCA in 2025 and beyond. The DOJ headlined 2024 with a few banner cases, summarized briefly below. ■ Raytheon Company. The DOJ’s $950M settlement with Raytheon was the second largest recovery in FCA history relating to government procurement fraud. The settlement resolved allegations that Raytheon provided false cost or pricing data while negotiating with the U.S. Department of Defense for numerous government contracts, and further, that Raytheon double-billed on a weapons maintenance contract. Raytheon received credit for its cooperation for undertaking an internal investigation and disclosing the results to the DOJ. ■ Endo Health Solutions. After agreeing to resolve its criminal case for more than $1.5B in fines and forfeitures, Endo Health Solutions agreed to resolve its civil liability under the FCA for an additional $475.6M. Endo allegedly misrepresented the safety of its opioid products, and used reckless marketing tactics to increase sales. ■ Teva Pharmaceuticals. The DOJ’s $450M FCA settlement with Teva concerned, in part, the alleged submission of false claims to Medicare through a complex conspiracy—using third-party charitable foundations to unlawfully offer copay assistance for patients using Teva’s drug. Major Shifts in Enforcement Cryptocurrency While cryptocurrency was not long ago a key enforcement priority for the DOJ and the SEC, it now seems that cryptocurrency is considered by the current Administration to be a key economic growth priority. On January 23, 2025, President Trump issued an Executive Order that outlined several policy objectives related to digital currency, and established a working group comprised of a Special Advisor for AI and Crypto, the Chairman of the SEC, the Chairman of the CFTC, the Attorney General, and the Secretary of the Treasury. The group’s ultimate goal is to establish a federal framework for the issuance and operation of digital assets, and to evaluate the potential creation of a national digital asset stockpile. The Order also set out the policy objectives of promoting the growth of U.S. The DOJ’s FCA focus under the Trump Administration will go beyond DOJ’s typical targets, specifically identifying foreign trade issues and tariffs. C White Collar Defense 136 | Weil, Gotshal & Manges LLP
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