New York Law Journal Features Article by Ellen Murphy, Edward Arnold, and Scott Morvillo on the Expanding Role of the False Claims Act

The New York Law Journal published an article on December 8, 2025 by Ellen Murphy, Edward Arnold, and Scott Morvillo: “The False Claims Act as a Policy Tool, Not a Weapon Against Fraud.” The piece explores how the current administration has redefined the False Claims Act (FCA) from a traditional anti-fraud statute into a flexible tool to enforce its core agenda priorities.

In the article, Murphy, Arnold, and Morvillo detail how recent DOJ initiatives and executive orders have broadened FCA enforcement beyond healthcare and defense, creating new risks for organizations in areas like civil rights compliance and trade fraud. They urge companies to treat FCA exposure as enterprise risk and recommend steps such as mapping federal funding, strengthening compliance controls, and preparing for whistleblower actions.

“The administration’s view appears simple and aggressive: if an organization receives money from, or owes money to, the federal government, any misrepresentation that affects the government’s financial interests may be treated as an FCA violation.”

The full article is available here.