This article is co-authored by JGL Senior Counsel Virginia (Gia) Grimm and JGL’s law clerk Catherine Plepler.
On March 16, 2026, the Trump Administration issued Executive Order 14395 (“Order”) establishing the Task Force to Eliminate Fraud to combat fraud across federal benefit programs. The Order also directed the Department of Justice (“DOJ”) to “ensure prompt review” of qui tam (whistleblower) actions filed under the False Claims Act (“FCA”) concerning fraud within Federal benefit programs but did not define “prompt.” The DOJ built on this initiative in April 2026, when it announced the creation of the National Fraud Enforcement Division (“NFED”) within the DOJ. This division coordinates the DOJ’s resources to “zealously investigate and prosecute” those who commit fraud.
Most recently, on May 27, 2026, Assistant U.S. Attorney Brett Shumate of the DOJ’s Civil Division issued a memorandum detailing how the DOJ plans to accelerate the review of FCA benefits program cases and strengthen the enforcement of these actions.
While 31 U.S.C. § 3730(b)(4) outlines a 60-day review period for qui tam actions, extensions are liberally granted and investigations can last several months to years. The May 2026 memorandum commits the DOJ to completing its review of benefits fraud qui tam actions within 120 days. After its review, the DOJ will make one of the following determinations:
- permit the relator to proceed with litigation, subject to government supervision, oversight, and “ultimate control of the matter;”
- conclude further government investigation is required; or
- dismiss the action for lacking specificity or being legally deficient.
If the whistleblower is permitted to proceed with litigation, this could result in heavier reliance and workload for whistleblower counsel because the DOJ expects the whistleblower and their counsel will “assume primary responsibility” and obligations of litigation. In these cases, the DOJ will continue to oversee the case and maintain “ultimate control” on the matter.
The May memorandum also states that the DOJ plans to use other departments of the government to implement this accelerated review, such as referring new matters to either the Criminal Division or the NFED to evaluate any potential criminal violations. Additionally, the affected agency will be included in the review to determine potential administrative action that might be required.
It is too soon to tell what, if any, impact these new processes will have on FCA benefits program cases, but JGL will continue to monitor and provide updates. If you think you have a qui tam action, JGL has a robust whistleblower/qui tam practice that focuses on uncovering and prosecuting fraud.
