DOJ’s New Civil Cyber-Fraud Initiative and How a Pending Case Could Test Its Efficacy

In announcing the “Civil Cyber-Fraud Initiative” in early October, Deputy Attorney General Lisa Monaco stated that DOJ “will utilize the False Claims Act to pursue cybersecurity-related fraud by government contractors and grant recipients.” While government contractors have reason to heed DOJ’s warnings, they may not agree that their failure to do so violates the FCA.