False Hope for False Claims Act Defendants? Government Dismissals of Qui Tam Cases May Increase

Nicholas C. Harbist and Lauren E. O’Donnell

On January 10, 2018, the Department of Justice (“DOJ”) Civil Fraud Section Director, Michael Granston, sent an internal memorandum (the “Memorandum”) to attorneys responsible for civil False Claims Act (“FCA”) enforcement. The Memorandum provides guidance to DOJ attorneys considering whether to dismiss FCA qui tam cases. The Memorandum begins by noting that, while the number of FCA qui tam cases has increased substantially over the years, the rate of government intervention has remained the same. The Memorandum advises DOJ attorneys to consider seeking dismissal as they evaluate whether to intervene. Continue reading “False Hope for False Claims Act Defendants? Government Dismissals of Qui Tam Cases May Increase”