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On May 27, 2026, the United States Department of Justice, Civil Division, (“DOJ”) issued a memorandum outlining concrete steps the DOJ is taking to prioritize False Claims Act (“FCA”) enforcement in cases involving fraud against federally funded benefits programs. The memo, "Accelerating Review and Enhancing Enforcement in Benefits Fraud Matters," carries good news for whistleblowers and those who work with them.
Recognizing the Role of Whistleblowers
In the memo, the DOJ reaffirms the FCA as "one of the government's most powerful weapons for fighting fraud" and explicitly recognizes the role of private whistleblowers, known as "relators," in that framework. It acknowledges that Congress enacted the FCA to allow whistleblowers to "stand in the shoes of the government to pursue fraud on its behalf" and to be rewarded for doing so. In short, the DOJ views whistleblowers as essential partners in combating fraud.
Expedited Review Timelines: Months, Not Years
The memo's most impactful feature is its accelerated review timelines. Under the new protocol, the DOJ will complete its initial review of benefits fraud qui tam actions within the 60-day statutory period, but no later than 120 days. This is a stark departure from the reality many whistleblowers have faced, where cases often languished under seal for years.
At the conclusion of this expedited review, the DOJ will make one of three determinations: intervene in the case and take the lead; permit the relator to proceed with the action; or move to dismiss the case if the allegations lack adequate specificity or are legally deficient.
Even where further investigation is needed, the memo imposes discipline: investigations proceed on an expedited 120-day basis, with extensions requiring progressively higher levels of approval.
Supporting Declined Cases: Letting Whistleblowers Litigate
The memo also reinforces the value to the government of supporting relators who pursue declined cases. Rather than treating declination as an endpoint, it characterizes these as cases where "the relator should promptly proceed to litigate" the qui tam action — a way to "expedite potentially meritorious qui tam cases and supplement the government's finite resources.
What This Means for Whistleblowers
For individuals who witness fraud against federal benefits programs including healthcare, housing, food assistance, and others, this memo represents a meaningful shift. If you come forward with credible evidence of fraud, your case should receive prompt attention rather than sitting in limbo. And even when the government does not intervene, you and your counsel will be positioned well to pursue the case on behalf of the United States.
"This reinforces the DOJ’s commitment to the FCA and recognizes the important role of whistleblowers in detecting and stopping fraud,” said BKLW Managing Partner John L. Littrell. “It’s also consistent with DOJ’s renewed focus on health care fraud enforcement generally.”
BKLW has extensive experience representing whistleblowers and defendants in False Claims Act cases. If you are aware of fraud against a federal benefits program, we encourage you to reach out to discuss your options.