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.