Host Jonathan Porter welcomes Husch Blackwell’s Kip Randall and Abe Souza for a mid-year False Claims Act update, following up on a similar blog post that Kip, Abe, and Jonathan wrote with the leader of Husch Blackwell’s white collar group, Jody Rudman. With significant developments in DOJ’s enforcement infrastructure, certification theories, and the evolving role of whistleblowers, Kip and Abe provide essential insights into the trends shaping FCA enforcement in 2026.
Host Jonathan Porter welcomes Husch Blackwell’s Kip Randall and Abe Souza for a mid-year False Claims Act update, following up on a similar blog post that Kip, Abe, and Jonathan wrote with the leader of Husch Blackwell’s white collar group, Jody Rudman. With significant developments in DOJ’s enforcement infrastructure, certification theories, and the evolving role of whistleblowers, Kip and Abe provide essential insights into the trends shaping FCA enforcement in 2026.
We begin with the biggest structural change in FCA enforcement: DOJ’s new infrastructure to combat fraud. Kip explains what has changed within the Department of Justice and how the agency is coordinating with other federal entities to identify and prosecute fraud more effectively. This isn’t about new risk areas—it’s about DOJ becoming more sophisticated and efficient in pursuing the fraud schemes it’s always targeted.
Next, we examine the continued trend toward FCA cases going to trial. Abe discusses a major trial from earlier this year and what it reveals about defendants’ willingness to take their chances before a jury despite the treble damages and per-claim penalties that create enormous risk. We explore the mixed results defendants have achieved at trial in recent years and what these outcomes mean for those accused of False Claims Act violations going forward.
Our conversation then shifts to certification theories, one of the most expansive areas of FCA enforcement. Kip traces the evolution from straightforward misrepresentations (telling the Army you’re delivering a horse when it’s actually a mule) to the complex web of certifications that government contractors must make today. We examine specific certifications that have resulted in FCA enforcement actions in the first half of 2026 and how the universe of actionable certifications seems to expand year after year.
We then tackle a fundamental shift in who is blowing the whistle. Abe explains how data-mining companies have largely displaced the traditional whistleblower—the fired executive with inside knowledge. These entities are filing qui tam cases in such volume that DOJ created an entire policy and initiative to manage the flood of data-miner complaints. We discuss what’s driving this trend, how these cases differ from traditional whistleblower actions, and what DOJ is doing to address the challenges they present.
Next, Kip explores the role of artificial intelligence in FCA enforcement. With AI dominating headlines across every industry in 2026, DOJ is thinking strategically about how this technology intersects with False Claims Act enforcement. We examine the multiple ways AI is influencing both how fraud is committed and how the government detects and prosecutes it.
Our discussion then returns to a topic we’ve covered in previous episodes: the constitutional challenge to qui tam provisions. Abe provides an update on the status of these cases and whether anything has changed in recent months regarding the argument that qui tam provisions violate Article II of the Constitution.
We close with practical guidance from both guests. Kip and Abe each offer a concrete suggestion for what listeners should do now to stay ahead of the curve in this shifting FCA enforcement landscape—actionable steps that reflect the structural, procedural, and substantive changes we’ve discussed throughout the episode.
Jonathan Porter | Full Biography
Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers. He draws on 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 also teaches white-collar crime as an adjunct professor of law at Mercer University School of Law.
Kip Randall | Full Biography
Kip is a partner with Husch Blackwell’s White Collar, Internal Investigations, & Compliance team and counsels corporate and individual clients through internal investigations and those embroiled in government investigations, including those with the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Environmental Protection Agency (EPA), and Internal Revenue Service (IRS). He also maintains an active commercial litigation practice in a variety of matters, including class actions, business disputes, and product liability matters, among other areas.
Abe Souza | Full Biography
Abe regularly represents clients embroiled in internal and government investigations, as well as in government enforcement actions. He also represents clients in complex business disputes and commercial litigation matters, including those involving antitrust and class action claims. Prior to joining Husch Blackwell, Abe served for nearly five years as an Assistant U.S. Attorney in the Northern District of Illinois where he worked directly with FBI agents and other investigators and served as a first-chair trial lawyer. He began his legal career as a law clerk for the Honorable Joan Humphrey Lefkow of the U.S. District Court for the Northern District of Illinois.