On Monday, the Principal Deputy Associate Attorney General, Claire McCuster Murray, spoke at Compliance Week 2019 and discussed the Department of Justice’s (DOJ) newly issued guidance for cooperation credit in False Claims Act (FCA) matters, incorporated into the Justice Manual at Title 4-4.122.
Murray, the acting official in the Justice Department’s third-highest ranking job, did not stray far from the Justice Manual’s guidance, however her remarks did stress the current administration’s emphasis on encouraging cooperation in civil FCA matters. Speaking to an audience of compliance professionals, she noted that Attorney General Barr had been a General Counsel and a Director at multiple companies, the new Deputy Attorney General Jeffrey Rosen spent nearly thirty years advising corporations about complicated regulatory regimes, and Murray herself had spent a significant portion of her practice involved in internal investigations and white collar defense.
Murray, whose office oversees civil FCA enforcement, noted that corporate compliance personnel are at the forefront of detecting misconduct early, conducting internal investigations, taking corrective action, and working to determine if a disclosure to the government is appropriate. Murray explained that the DOJ’s guidance seeks to “provide the incentive for you to do this important work.” While Murray noted that “the nature and the amount of the credit will depend on the facts and circumstances in each case,” she emphasized that the DOJ’s “intent is to provide sufficient incentive for companies to self-police, remediate, come forward or otherwise cooperate.”
Derek Adams, a former Trial Attorney with the Department of Justice, Civil Fraud Section, is a partner in the firm’s False Claims Act, FIRREA, and Litigation practice groups. Derek has extensive experience with False Claims Act matters, and can be reached at firstname.lastname@example.org or (202) 466-8960 if you have any questions or need help with FCA compliance, investigations, or litigation.