Swamp Things: A Post-Election Look at DOJ’s False Claims Act Enforcement, Part II

Host Jonathan Porter welcomes Husch Blackwell partner Cormac Connor back to the show for the second part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).In Part I of the conversation,  Jonathan and Cormac provided an overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. They also covered important changes in policy over the previous three presidential administrations, highlighting how both the 2015 Yates memo and the 2017 Brand memo (and its subsequent rescindment) affected FCA enforcement. Part II of this discussion explores how FCA enforcement shifted during the Biden administration and what changes are likely during a second Trump administration. Jonathan and Cormac begin with a discussion of how the aforementioned memos—as well as the so-called Granston memo—figure in day-to-day DOJ activities. They also discuss the Biden administration’s scrutiny on private equity ownership of healthcare enterprises—including the naming of private equity sponsors in FCA litigation—and how that scrutiny could change under a second Trump administration. The discussion wraps up with a brief exploration of United States ex rel. Zafirov v. Florida Medical Associates, an ongoing dispute regarding the constitutional legitimacy of qui tam litigation, and whether the arguments presented in Zafirov will be embraced by the Trump administration’s Justice Department. Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Cormac Connor BiographyFull BiographyA partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials, investigating hundreds of criminal cases, managing Grand Jury investigations, and coordinating investigative activities by law enforcement personnel.Cormac is the 2024 recipient of Husch Blackwell’s Pro Bono Impact Award. He leads the firm’s pro bono partnership with the Dr. Lorna Breen Heroes’ Foundation, which advances critical mental health advocacy for healthcare workers.