The Perils of Parallel FCA Proceedings



Tony Maida and Rebecca Martin wrote this bylined article on the recent increase in parallel civil and criminal False Claims Act proceedings by the US Justice Department. “From the defense side, parallel proceedings raise important and troublesome issues, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case,” the authors wrote, but added that “parallel proceedings may also prove challenging to the DOJ when a judge is impatient with the progress of the case.”