Joe Whitley Discusses AI & False Claims Act with Law360

Womble Bond Dickinson Partner Joe Whitley was quoted in a new Law360 article titled, “With Data And AI, Whistleblowers Set Off An FCA Tidal Wave”.

The Law360 article reports a sharp surge in False Claims Act (FCA) whistleblower litigation driven by the growing use of artificial intelligence by “data miner” relators who analyze public datasets for potential fraud. Qui tam filings hit a record 1,297 cases last year—far surpassing prior highs—and nearly half of these cases now come from data miners rather than traditional insider whistleblowers. 

Experts say this AI-enabled approach is both expanding the government’s fraud-detection capabilities and straining enforcement resources, as prosecutors face a flood of lengthy, data-heavy complaints that may be based on incomplete or misinterpreted information. The Justice Department is responding by encouraging higher-quality, analytically sound cases through initiatives like FOCUS, while defense lawyers report a corresponding increase in FCA-related work and more complex early-stage case assessments. 

Against this backdrop, Womble Bond Dickinson is positioning itself for the uptick in FCA work by launching a dedicated working group, reflecting the convergence of government contracting and FCA enforcement. Joe Whitley, the Chair of the firm's White Collar Defense and Criminal Investigations practice, told Law360 the move was intended to ensure “so we don't miss opportunities in the government contracting space and FCA space,” while also noting the growing complexity of defending these cases. 

He emphasized that AI-driven complaints are lengthier and more difficult to analyze, explaining: “The use of AI in data mining for qui tam complaints creates a more complex document that is harder to go through and there is more time involved in rebutting the allegations,” adding that “that's definitely going to create a time lag in getting these cases handled.”