On June 10, 2026, nineteen states and the District of Columbia filed an Administration Procedure Act suit challenging President Trump’s Executive Order No. 14398 (the EO), on which we have previously reported here. The EO advances the Trump Administration’s goal to eradicate diversity, equity, and inclusion (DEI) activities among federal contractors by, among other things, expressly tethering DEI to potential FCA liability. Targeting the EO’s language on FCA liability, the plaintiff states argue that it contravenes the materiality test established by the Supreme Court in Escobar.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Kristin Graham Koehlerhttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngKristin Graham Koehler2026-06-15 11:34:142026-06-15 11:35:20Challenging Executive Order on DEI, States Say It Gets FCA Materiality Wrong
It is not business as usual at DOJ. In the latest announcement related to the Department’s efforts to fight alleged fraud, on May 27, 2026, Assistant Attorney General Brett Shumate issued a memorandum directing DOJ’s Civil Division and U.S. Attorneys’ Offices to accelerate the review of qui tams alleging fraud against federally funded state-administered benefits programs, including programs involving housing, food assistance, medical care, and cash assistance. The memorandum, titled “Accelerating Review and Enhancing Enforcement in Benefits Fraud Matters,” implements President Trump’s March 2026 Executive Order establishing the “Task Force to Eliminate Fraud,” which we reported on here, and which directed the Department to take appropriate action to promote “meritorious” qui tams and to complete investigations sooner, including within the 60-day statutory period.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Kristin Graham Koehlerhttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngKristin Graham Koehler2026-05-28 09:10:032026-05-28 09:10:03DOJ Announces Accelerated Review of FCA Qui Tams Alleging Fraud Against State-Administered Benefits Programs
On May 15, 2026, the U.S. Department of Justice (“DOJ”) and Texas Attorney General Ken Paxton announced agreements with Texas Children’s Hospital (“TCH”) resolving allegations related to TCH’s provision of gender-affirming care to minors. The matter marks the first publicly announced resolution arising from DOJ’s ongoing nationwide investigation into alleged federal-law violations associated with such care. The resolution is notable not only because of the subject matter involved, but also because of the enforcement architecture it reflects: coordination between DOJ and a state attorney general; reliance on False Claims Act (“FCA”) and Federal Food, Drug, and Cosmetic Act (“FDCA”) theories that remain largely untested in this context; and remedies that extend well beyond a monetary payment.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Doreen M. Rachalhttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngDoreen M. Rachal2026-05-26 12:31:002026-05-26 13:53:49DOJ and Texas AG Announce First Settlement in National Investigation of Gender-Affirming Care for Minors
Last week, the White House and CMS announced a set of new administrative actions to further the Administration’s anti-fraud mission, including in particular CMS’s CRUSH (Comprehensive Regulations to Uncover Suspicious Healthcare) initiative, announced earlier this year. At a May 13, 2026 press conference, Vice President J.D. Vance, CMS Administrator Dr. Mehmet Oz, and CMS Deputy Administrator and Chief Operating Officer Kim Brandt outlined measures designed not only to identify and prevent fraud, but also to pressure states and their Medicaid Fraud Control Units (“MFCUs”) to take a more active enforcement role.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Jaime L.M. Joneshttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngJaime L.M. Jones2026-05-20 09:52:062026-05-20 09:52:06Vice President and CMS Announce Suite of New Administrative Actions to Further Federal Anti-Fraud Health Care Initiatives
On May 12, 2026, the U.S. Department of Justice (“DOJ”) announced a $549.5 million settlement with Perfectus Aluminum Acquisitions LLC (“Perfectus Aluminum”) and four affiliated warehousing companies (collectively, “the Warehouses”) to resolve allegations that they violated the False Claims Act (“FCA”) by evading customs duties.[1] The settlement is the largest trade-related settlement under the FCA.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Kristin Graham Koehlerhttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngKristin Graham Koehler2026-05-18 12:04:032026-05-18 12:15:31Tariff Enforcement at the Forefront: Importer Agrees to Pay $549.5 million in Largest-Ever Trade-Related False Claims Act Settlement
In a further sign that healthcare fraud enforcement remains a top Department of Justice (“DOJ”) priority, on April 30, 2026, the National Fraud Enforcement Division ( “Fraud Division”) announced the launch of the West Coast Health Care Fraud Strike Force (“West Coast Strike Force”). While the Fraud Division was itself newly created, this latest news is of a piece with the traditional model and enforcement approach of DOJ’s dedicated health care fraud team going back to 2007. Nationally, since its inception, the HCF Strike Force program has been responsible for the prosecution of over 6,200 defendants who collectively billed federal health care programs and private insurers more than $45 billion.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Kristin Graham Koehlerhttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngKristin Graham Koehler2026-05-06 15:09:322026-05-06 15:09:32DOJ’s National Fraud Enforcement Division Launches West Coast Health Care Fraud Strike Force
A recent decision from the Eastern District of Pennsylvania provides an important procedural win for defendants and a reminder that the False Claims Act’s seal provision is not intended to provide indefinite confidentiality. In United States ex rel. Compton v. HCR ManorCare, Inc., the court ordered the unsealing of close to 50 ex parte motions that the United States filed to extend the statutory 60-day seal period to close to ten years, while it investigated the complaints and decided whether to intervene.
In a closely watched mandamus proceeding, the Texas Fifteenth Court of Appeals denied mandamus relief to a defendant pharmaceutical company in a qui tam case brought under the Texas Healthcare Program Fraud Prevention Act (the “Act”). While the majority declined to reach the merits of the defendant’s constitutional challenges to the Act—holding that mandamus relief was premature because an adequate remedy exists through post-trial appeal—the dissent authored by Chief Justice Brister delivers a sweeping critique that could have substantial implications for future qui tam litigation in Texas. Most notably, the dissent concludes that (1) the relator lacks standing under the Texas Constitution; and (2) the Act’s qui tam provisions, as applied in cases in which Texas has not intervened, violate the separation of powers requirement under the Texas Constitution.
https://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.png00Kwaku A. Akowuahhttps://fcablog.sidley.com/wp-content/uploads/sites/5/2022/08/sidleyLogo-e1643922598198.pngKwaku A. Akowuah2026-05-04 09:04:082026-05-04 09:52:04Texas Qui Tam Under Fire: Texas Appellate Dissent Raises Major Constitutional Doubts
Challenging Executive Order on DEI, States Say It Gets FCA Materiality Wrong
On June 10, 2026, nineteen states and the District of Columbia filed an Administration Procedure Act suit challenging President Trump’s Executive Order No. 14398 (the EO), on which we have previously reported here. The EO advances the Trump Administration’s goal to eradicate diversity, equity, and inclusion (DEI) activities among federal contractors by, among other things, expressly tethering DEI to potential FCA liability. Targeting the EO’s language on FCA liability, the plaintiff states argue that it contravenes the materiality test established by the Supreme Court in Escobar.
(more…)
Kristin Graham Koehler
Washington, D.C.
kkoehler@sidley.com
Jaime L.M. Jones
Chicago
jaime.jones@sidley.com
Scott D. Stein
Chicago
sstein@sidley.com
H. Boyd Greene IV
Washington, D.C.
bgreene@sidley.com
Kyle J. Fiet
Washington, D.C.
kfiet@sidley.com
Joseph R. LoCascio
Chicago
joseph.locascio@sidley.com
DOJ Announces Accelerated Review of FCA Qui Tams Alleging Fraud Against State-Administered Benefits Programs
It is not business as usual at DOJ. In the latest announcement related to the Department’s efforts to fight alleged fraud, on May 27, 2026, Assistant Attorney General Brett Shumate issued a memorandum directing DOJ’s Civil Division and U.S. Attorneys’ Offices to accelerate the review of qui tams alleging fraud against federally funded state-administered benefits programs, including programs involving housing, food assistance, medical care, and cash assistance. The memorandum, titled “Accelerating Review and Enhancing Enforcement in Benefits Fraud Matters,” implements President Trump’s March 2026 Executive Order establishing the “Task Force to Eliminate Fraud,” which we reported on here, and which directed the Department to take appropriate action to promote “meritorious” qui tams and to complete investigations sooner, including within the 60-day statutory period.
(more…)
Kristin Graham Koehler
Washington, D.C.
kkoehler@sidley.com
Jaime L.M. Jones
Chicago
jaime.jones@sidley.com
Lisa H. Miller
Washington, D.C.
lisa.miller@sidley.com
Kenneth G. Coffin
Dallas
kenneth.coffin@sidley.com
DOJ and Texas AG Announce First Settlement in National Investigation of Gender-Affirming Care for Minors
On May 15, 2026, the U.S. Department of Justice (“DOJ”) and Texas Attorney General Ken Paxton announced agreements with Texas Children’s Hospital (“TCH”) resolving allegations related to TCH’s provision of gender-affirming care to minors. The matter marks the first publicly announced resolution arising from DOJ’s ongoing nationwide investigation into alleged federal-law violations associated with such care. The resolution is notable not only because of the subject matter involved, but also because of the enforcement architecture it reflects: coordination between DOJ and a state attorney general; reliance on False Claims Act (“FCA”) and Federal Food, Drug, and Cosmetic Act (“FDCA”) theories that remain largely untested in this context; and remedies that extend well beyond a monetary payment.
(more…)
Doreen M. Rachal
New York, Boston
drachal@sidley.com
Shu Min Ho
Singapore
shumin.ho@sidley.com
Kenneth G. Coffin
Dallas
kenneth.coffin@sidley.com
Lucia Radder Quick
New York
lradderquick@sidley.com
Nicole A. Heise
Chicago
nheise@sidley.com
Vice President and CMS Announce Suite of New Administrative Actions to Further Federal Anti-Fraud Health Care Initiatives
Last week, the White House and CMS announced a set of new administrative actions to further the Administration’s anti-fraud mission, including in particular CMS’s CRUSH (Comprehensive Regulations to Uncover Suspicious Healthcare) initiative, announced earlier this year. At a May 13, 2026 press conference, Vice President J.D. Vance, CMS Administrator Dr. Mehmet Oz, and CMS Deputy Administrator and Chief Operating Officer Kim Brandt outlined measures designed not only to identify and prevent fraud, but also to pressure states and their Medicaid Fraud Control Units (“MFCUs”) to take a more active enforcement role.
(more…)
Jaime L.M. Jones
Chicago
jaime.jones@sidley.com
Kenneth G. Coffin
Dallas
kenneth.coffin@sidley.com
Lauren E. McBride
Chicago
lmcbride@sidley.com
Tariff Enforcement at the Forefront: Importer Agrees to Pay $549.5 million in Largest-Ever Trade-Related False Claims Act Settlement
On May 12, 2026, the U.S. Department of Justice (“DOJ”) announced a $549.5 million settlement with Perfectus Aluminum Acquisitions LLC (“Perfectus Aluminum”) and four affiliated warehousing companies (collectively, “the Warehouses”) to resolve allegations that they violated the False Claims Act (“FCA”) by evading customs duties.[1] The settlement is the largest trade-related settlement under the FCA.
(more…)
Kristin Graham Koehler
Washington, D.C.
kkoehler@sidley.com
Ted Murphy
Washington, D.C.
ted.murphy@sidley.com
Craig Francis Dukin
Washington, D.C.
cdukin@sidley.com
Aaron M. Applebaum
Washington, D.C.
aaron.applebaum@sidley.com
Gwen Ellis-Joyce
Washington, D.C.
gwen.ellisjoyce@sidley.com
DOJ’s National Fraud Enforcement Division Launches West Coast Health Care Fraud Strike Force
In a further sign that healthcare fraud enforcement remains a top Department of Justice (“DOJ”) priority, on April 30, 2026, the National Fraud Enforcement Division ( “Fraud Division”) announced the launch of the West Coast Health Care Fraud Strike Force (“West Coast Strike Force”). While the Fraud Division was itself newly created, this latest news is of a piece with the traditional model and enforcement approach of DOJ’s dedicated health care fraud team going back to 2007. Nationally, since its inception, the HCF Strike Force program has been responsible for the prosecution of over 6,200 defendants who collectively billed federal health care programs and private insurers more than $45 billion.
(more…)
Kristin Graham Koehler
Washington, D.C.
kkoehler@sidley.com
Jaime L.M. Jones
Chicago
jaime.jones@sidley.com
Lisa H. Miller
Washington, D.C.
lisa.miller@sidley.com
Dave Anderson
San Francisco
dlanderson@sidley.com
Sheila A.G. Armbrust
San Francisco
sarmbrust@sidley.com
Douglas A. Axel
Los Angeles
daxel@sidley.com
Kevin R. Rubino
San Francisco
krubino@sidley.com
Mallory W. Edel
New York
medel@sidley.com
E.D. Pa. Rejects Indefinite Sealing of FCA Extension Materials, Emphasizing Narrow Purpose of Seal
A recent decision from the Eastern District of Pennsylvania provides an important procedural win for defendants and a reminder that the False Claims Act’s seal provision is not intended to provide indefinite confidentiality. In United States ex rel. Compton v. HCR ManorCare, Inc., the court ordered the unsealing of close to 50 ex parte motions that the United States filed to extend the statutory 60-day seal period to close to ten years, while it investigated the complaints and decided whether to intervene.
(more…)
Jaime L.M. Jones
Chicago
jaime.jones@sidley.com
Meredith Greene Jalali
Chicago
meredith.jalali@sidley.com
Texas Qui Tam Under Fire: Texas Appellate Dissent Raises Major Constitutional Doubts
In a closely watched mandamus proceeding, the Texas Fifteenth Court of Appeals denied mandamus relief to a defendant pharmaceutical company in a qui tam case brought under the Texas Healthcare Program Fraud Prevention Act (the “Act”). While the majority declined to reach the merits of the defendant’s constitutional challenges to the Act—holding that mandamus relief was premature because an adequate remedy exists through post-trial appeal—the dissent authored by Chief Justice Brister delivers a sweeping critique that could have substantial implications for future qui tam litigation in Texas. Most notably, the dissent concludes that (1) the relator lacks standing under the Texas Constitution; and (2) the Act’s qui tam provisions, as applied in cases in which Texas has not intervened, violate the separation of powers requirement under the Texas Constitution.
(more…)
Kwaku A. Akowuah
Washington, D.C.
kakowuah@sidley.com
Jaime L.M. Jones
Chicago
jaime.jones@sidley.com
Kenneth G. Coffin
Dallas
kenneth.coffin@sidley.com
Matt Bergs
Chicago
mbergs@sidley.com
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