In this episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Practice partners Tirzah Lollar and Christian Sheehan for a discussion about the Department of Justice’s reported FCA recoveries for fiscal year 2022, as well as two FCA-related cases before the Supreme Court.

0:25 – Mike’s introduction
1:50 – Bill’s conversation with Tirzah and Christian
3:45 – FCA recoveries for FY2022
10:30 – Supreme Court consideration of the scienter standard
18:20 – Supreme Court consideration of the government’s authority to dismiss qui tam complaints
26:30 – Mike’s comments

Show notes: 

DOJ Recovers Over $2.2 Billion from FCA Cases in Fiscal 2020

DOJ Announces Lowest Annual False Claims Act Recoveries in a Decade: $2.21 Billion in FY 2022

Seventh Circuit Agrees: Safeco Applies in FCA Knowledge Consideration

SuperValu Dissent: Decision Creates New Safe Harbor for Post-Hoc Rationales for Deliberate Indifference

What Does it Take for Agency Guidance to be Considered ‘Authoritative’?

In Safeway Dissent, Seventh Circuit Judge Says SuperValu Decision Should be Overruled

A Busy FCA Term for the Supreme Court: On the Heels of Argument on (c)(2)(A), April Hearing Set in Pair of Scienter Cases

Supreme Court FCA Forecast: Clear Skies on Polansky, Clouds Around 9(b) and a Chance of Schutte Later On

It’s Objectively Reasonable That the False Claims Act Requires an Objective Scienter Standard, Says Seventh Circuit

No Ambiguity Here: Multiple Courts Reaffirm That Reasonable Interpretations of Ambiguous Statutes or Regulations Defeat Scienter