Behind the Seal: Why DOJ Investigations Drag On—and When They Shouldn’t

• January 01, 2026

• Brandon Helms , Hall Render Killian Heath & Lyman PC
• Liza Sawyer , Hall Render Killian Heath & Lyman PC

The federal False Claims Act (FCA) is a powerful tool the U.S. Department of Justice (DOJ) uses to combat fraud and abuse in key industries, particularly the health care industry, which accounted for almost 60% of FCA settlements and judgments in 2024. FCA cases typically begin with a whistleblower, known as a “relator,” who suspects fraud is occurring and steps forward. Relators usually expect the government to quickly end the illegal conduct, while also hoping for a financial reward for bringing the conduct to light. Yet FCA cases too often disappear behind DOJ’s extension of the seal period, where they languish for months or years while the government investigates. For hospital and health care system defendants that have patients to serve and reputations to protect, the silence can be paralyzing, and the cost of ongoing legal fees oppressive. And if the time comes that the defendant must defend itself in court, key witnesses may be gone and critical documents may be lost. Such delay is not just a matter of docket management—it’s a policy choice with real-world consequences. Unfortunately, there is little a defendant can do to shorten the timeframe, but recent court cases provide some potential remedies.

ARTICLE TAGS

• Hospitals and Health Systems Practice Group
• Fraud and Compliance