DOJ to use False Claims Act to crack down on diversity initiatives at colleges
A general view of Harvard University campus is seen on April 22
By Karina Tsui, CNN
(CNN) — The Trump administration intends to use a civil anti-fraud law to investigate and potentially punish and withdraw federal funding from universities that promote diversity and inclusion policies, the Department of Justice announced Monday.
In a memo, Deputy Attorney General Todd Blanche said that the False Claims Act –– part of the government’s establishment of the Civil Rights Fraud Initiative –– will be enforced “when a federal contractor or recipient of federal funds knowingly violates civil rights laws.”
Blanche in the memo cites antisemitism and certain access to women’s sports on campuses as potential examples of when the False Claims Act could be implemented, describing such cases as discriminatory or assigning “benefits or burdens” based on race and ethnicity.
The Department of Justice will broadly seek fines and damages in cases where violations are found and will also consider criminal enforcement for certain breaches, the memo said. The False Claims Act dates to the Civil War and allows the government to recover funds up to three times the damages it incurs, in addition to penalties, lost due to fraud, according to the DOJ.
The Justice Department’s announcement is part of President Donald Trump’s broader ambition to purge universities of diversity initiatives by withholding critical education funds. Dozens of schools across the country have already appeased the administration –– some abruptly ending DEI initiatives, laying off university staff and banning the use of words like “equality” and “gender,” which might trigger an uproar.
Those efforts, however, haven’t spared them from mass funding cuts.
Attorney General Pamela Bondi, who last month issued a memo directing the DOJ to limit gender-affirming care for minors, backed the new initiative, warning universities that promote DEI policies that they are “putting their access to federal funds at risk,” according to a statement.
In an effort to restore its more than $2 billion in blocked federal funding, Harvard University in late April renamed its diversity, equity and inclusion office to the Office of Community and Campus Life.
The school also said it wouldn’t host or fund affinity group celebrations during commencement after the Department of Education threatened funding cuts if Harvard did not cancel graduation celebrations that could separate students by race.
In a letter to Harvard last week, the Justice Department said the Trump administration was investigating whether the school’s admissions process had been used to defraud the government by not complying with a Supreme Court ruling that ended affirmative action, according to The New York Times.
The letter, which was reviewed by the Times, stated that the investigation was launched under the False Claims Act.
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