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The FCA As a Policy Instrument

Over the past year, the current administration has redefined the False Claims Act from a traditional anti-fraud statute into a highly flexible policy instrument to enforce its core agenda priorities.

8 minute read January 01, 2026 at 12:09 AM
By
Ellen M. Murphy , Edward V. Arnold and E. Scott Morvillo
The FCA As a Policy Instrument

For decades the False Claims Act (FCA) was invoked against overbilling, kickbacks, defective pricing and other “classic” fraud against government programs primarily by health care providers, defense contractors, and procurement vendors.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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