Apr 302026

DOJ Announces FOCUS Initiative to Work with Data Miners Filing Qui Tams

Kristin Graham Koehler, Jaime L.M. Jones, Matt Bergs, Joseph R. LoCascio and Anna M. Schmitt
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As we previously reported here, record numbers of cases are being filed by “whistleblowers” under the FCA—approximately 1,300 qui tam suits last year alone.  This morning, Brenna Jenny, the Deputy Assistant Attorney General, Civil Division, Commercial Litigation Branch, announced at a conference that much of the surge in qui tam complaints is being driven not by insiders, but by entities set up to mine publicly available government data sets.  That is putting pressure on DOJ’s Civil Fraud Section, tasked with investigating qui tam allegations.  In order to address the challenge, Jenny announced the Fraud Oversight through Careful Use of Statistics (FOCUS) initiative, which presents an opportunity for data miners to meet with the Civil Fraud Section to explain the reliability of their data. Though not a pre-filing requirement, data miners who choose to participate “should be prepared to explain what differentiates their approach, how they validate their findings, and why their methodology provides a reliable basis for identifying high-quality, actionable False Claims Act matters.”  DOJ’s announcement of the FOCUS initiative makes clear that “the Department will prioritize working with data miners that have demonstrated an investment in pre-filing diligence and commitment to analytical rigor, familiarity with program rules, and legally sufficient allegations.”  It will be interesting to see whether the Department increases its exercise of authority to dismiss qui tam suits brought by data miners that cannot so demonstrate.

The announcement can be found here.

Whatever the effects of the new program are, government contractors and healthcare and life sciences companies should examine their own approach to evaluating data to try to anticipate and address issues that may become the focus of FCA enforcement.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Kristin Graham Koehler

Washington, D.C.

kkoehler@sidley.com

Jaime L.M. Jones

Chicago

jaime.jones@sidley.com

Matt Bergs

Chicago

mbergs@sidley.com

Joseph R. LoCascio

Chicago

joseph.locascio@sidley.com

Anna M. Schmitt

Chicago

anna.schmitt@sidley.com

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