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DOJ Uses False Claims Act to Probe Corporate DEI, Targeting Google and Verizon

The effort applies an implied certification theory that treats civil-rights compliance as material to receiving federal money.

Overview

  • Google and Verizon received Justice Department demands for documents about workplace diversity programs, according to reporting based on people familiar with the probes.
  • Investigators are using the False Claims Act under an implied certification approach that frames DEI-related misstatements as potentially material to government payment.
  • Deputy Attorney General Todd Blanche set the strategy in a May memo creating a Civil Rights Fraud Initiative and directing coordination between the Civil Rights Division, the Fraud Section and U.S. Attorneys.
  • Scrutiny reaches beyond tech into automotive, defense, utilities and pharmaceuticals, prompting many contractors to reassess or roll back DEI policies.
  • Legal experts say the novel theory may face hurdles in court, but exposure includes treble damages and incentives for whistleblower qui tam suits.