Catherine Plepler also contributed to this article.
In “DOJ Memo Fast-Tracking Review of FCA Benefits Cases,” Gia Grimm and Catherine Plepler, a law clerk with the firm, discuss recent Department of Justice efforts to accelerate the review of False Claims Act (“FCA”) benefits fraud cases. The article examines Executive Order 14395, the creation of the National Fraud Enforcement Division, and a recent DOJ memorandum establishing an expedited review process for certain qui tam actions. Grimm and Plepler also explore how these developments may affect whistleblowers, their counsel, and future FCA enforcement efforts.
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. See Executive Order 14395. 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”) involving fraud in federal benefit programs, but it did not define what constitutes a “prompt” review. Exec. Order No. 14395, 91 Fed. Reg. 13485 (Mar. 16, 2025). The DOJ built on this initiative in April 2026, when it announced the creation of the National Fraud Enforcement Division (“NFED”) within the DOJ. Memorandum, Off. of the Att’y Gen., U.S. Dep’t of Just., Creation of the National Fraud Enforcement Division (Apr. 7, 2026). This division is intended to coordinate DOJ’s resources to “zealously investigate and prosecute” fraud-related offenses.
Most recently, on May 27, 2026, Assistant U.S. Attorney Brett Shumate of DOJ’s Civil Division issued a memorandum detailing how 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. See Berger Montague, How Long Does a Whistleblower Case Take? (April 18, 2018) https://bergermontague.com/qui-tam-lawsuit-timeline/ (last accessed June 11, 2026). The May 2026 memorandum commits DOJ to completing its review of benefits fraud qui tam actions within 120 days.
After its review, DOJ may:
- 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 to “assume primary responsibility” and obligations of litigation. In these cases, the DOJ will continue to oversee the case and maintain “ultimate control” over 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 group. If you are interested in investigating this type of claim, please reach out.
