DOJ/HHS Releases New Statistics About Sealed Qui Tam Cases

Posted on February 2, 2011 by Antonia F. Giuliana

Last week, the DOJ and HHS released the following statistics about qui tam actions under the federal False Claims Act that are currently pending under seal:

  • As of January 4, 2011, there were 1,341 qui tam cases under investigation awaiting an intervention decision from the government.
     
  • Of these 1,341 cases, 885 (or 66%) of the cases allege health care fraud.
     
  • 867 (or 98%) of sealed health care fraud cases involve Medicare or Medicaid.
     
  • DOJ/HHS declined to disclose how many cases under seal involve off-label marketing allegations, but revealed generally that 180 cases allege fraud in connection with the pricing and marketing of pharmaceuticals. According to the DOJ/HHS, many of these cases make allegations against multiple pharmaceutical manufacturers.
     
  • From October 1, 2006 to January 4, 2011, the government made intervention decisions in 1644 cases; of these 1644 cases, the government intervened in 365 (22%) and declined to intervene in 1,279 (78%).
     
  • For qui tam cases filed since October 1, 2006, the average length of time a case remained under seal is 13 months.

For more FCA statistics, click here.

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