Jesse Witten and Peter Baldwin Discuss Increasing Trade Enforcement Cases Under False Claims Act With Trade Law Daily

Health care partner Jesse Witten and business litigation partner Peter Baldwin were quoted in an article for Trade Law Daily recapping a recent webinar on increasing trade enforcement cases under the False Claims Act (FCA).

The article noted that the second Trump administration has made trade enforcement a priority, evidenced by the newly formed Trade Fraud Task Force andover 1,400 new FCA matters opened in 2024. Witten added that the FCA “gives the government very broad investigative powers to serve what are called civil investigative demands and take depositions.” While he said this is a “bit unusual,” since the government ordinarily can’t compel a deposition, it can compel depositions of the defendant or third parties under the FCA.

Baldwin added that he expects FCA cases to continue, noting that “over the course of the next few weeks, you will have a number of settlements announced” and that 2025 and 2026 are going to be record years for the FCA. Baldwin said that DOJ enforcement is not limited to specific countries or industries, noting that companies shouldn’t think they are safe from FCA liability simply because the amount at issue is small or their product is not of strategic importance.

The full article is available to Trade Law Daily subscribers.