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DOJ’s New Guidance on Civil Cooperation Credit Provides Some Answers, but the Bigger Question Remains

By Jacob T. Elberg

The health care industry and the white-collar defense bar have eagerly awaited guidance from the Department of Justice regarding the impact of corporate cooperation and self-disclosure on the resolution of civil False Claims Act (FCA) cases, the primary tool for government action in response to corporate misconduct in the health care industry.

Statements from DOJ officials raised anticipation over the past several months that guidance would be forthcoming. The guidance arrived on May 7, 2019, and focuses on answering the question of what conduct will constitute cooperation in the eyes of DOJ.

Unfortunately, the announcement fails to answer the question industry and the defense bar have been asking: how much credit will be given for cooperation and self-disclosure? Read More