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Civil Litigation,
Government,
Administrative/Regulatory

Feb. 14, 2019

The FCA in 2018 and beyond

A review of FCA developments from this past year and what to expect in 2019.

Debra Wong Yang

Partner
Gibson, Dunn & Crutcher LLP

333 S Grand Ave
Los Angeles , CA 90071

Phone: (213) 229-7000

Email: dwongyang@gibsondunn.com

Boston Coll Law School; Newton MA

Debra is a partner in the firm's Los Angeles office. Reflective of her broad practice and comprehensive abilities, Ms. Yang is Chair of the Crisis Management Practice Group, former Chair of the White Collar Defense and Investigations Practice Group, which includes the FCPA Practice Group and former Chair of the Information Technology and Data Privacy Practice Group. She is also a member of the firm's Executive Committee.

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Michael M. Farhang

Partner
Gibson Dunn & Crutcher LLP

Email: mfarhang@gibsondunn.com

Michael is a former federal prosecutor and a partner in the firm's Los Angeles office. He is a Chambers-ranked attorney and practices in the White Collar Defense and Investigations and Securities Litigation Practice Groups.

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Jim Zelenay Jr.

Partner
Gibson, Dunn & Crutcher LLP

Email: jzelenay@gibsondunn.com

​James is a partner in the firm's Los Angeles office and practices in the Litigation Department. He has extensive experience in defending clients involved in white collar investigations, assisting clients in responding to government subpoenas, and in government civil fraud litigation.

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Sean S. Twomey

Associate
Gibson Dunn & Crutcher LLP

Email: stwomey@gibsondunn.com

Sean focuses on complex commercial cases, appellate law, sports law, and health care compliance, enforcement, and litigation.

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The FCA in 2018 and beyond
William Barr appears at his confirmation hearing before the Senate Judiciary Committee in Washington on Jan. 15, 2019. Barr has stated in the past that the FCA whistleblower provisions are an unconstitutional "abomination." But during his confirmation hearings, he pledged to "diligently enforce" the statute. (Shutterstock)

Originally enacted in 1863 in response to suspected fraud by suppliers of the Union Army during the Civil War, over 150 years later the False Claims Act, 31 U.S.C. Section 3729, et seq., has become the federal government's primary tool to combat fraud in government programs. Over the past decade alone, the government has recovered nearly $40 billion in FCA actions. And the FCA's reach is broad -- covering "fraud" wherever government dollars flow, from Medicare to infr...

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