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DOJ Begins Targeting COVID-19 Fraud Schemes

Client Alert | 1 min read | 03.20.20

In response to increased reporting of COVID-19-related fraud and misconduct, on March 16, 2020 Attorney General Barr directed all U.S. Attorneys to prioritize the prosecution of wrongdoers seeking to profit from this national crisis. Barr stated in his directive that "[t]he pandemic is dangerous enough without wrongdoers seeking to profit from public panic and this sort of conduct cannot be tolerated." Examples of such conduct include the sale of fake cures for COVID-19, phishing emails posing as the World Health Organization or the Centers for Disease Control and Prevention, and malware being inserted into mobile apps designed to track the spread of the virus.

U.S. Attorneys have already started responding to the directive. The U.S. Attorneys in the Western District of Pennsylvania and the Southern District of Mississippi have each appointed a dedicated COVID-19 fraud coordinator, while other U.S. Attorneys have launched hotlines and educational campaigns to combat COVID-19-related fraud. They are joined by other U.S. agencies that are starting to ring similar alarm bells, like the GSA which put out a notice this week that it has received reports of companies fraudulently claiming to be GSA vendors to mislead consumers into paying exorbitant prices for products associated with COVID-19. Over the coming days and weeks, we expect that U.S. Attorneys and agencies across the country will further shift their criminal and civil enforcement priorities to cases stemming from the COVID-19 crisis.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....