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Attys React to DOJ's New Memo on FCA Dismissals

Law360

A newly unveiled U.S. Department of Justice memo discusses circumstances in which the government should consider dismissing False Claims Act cases brought by whistleblowers.

Here, attorneys offer their perspectives on the significance of the memo, which was authored by Michael Granston, director of the DOJ's civil fraud section.

[...]

Justin Chiarodo, Blank Rome LLP

"I would manage expectations about the memo’s impact — it largely reflects a restatement of longstanding considerations regarding FCA dismissals. This is more about quality control and protecting against adverse decisions post-Escobar than reflecting a sea change in policy. The timing is also interesting, given that over a billion dollars in FCA jury verdicts have been overturned in recent months. These decisions can impact the DOJ’s ability to successfully pursue False Claims Act recoveries. Make no mistake, the DOJ does not want to deter whistleblowers coming forward; to the contrary, statistics over the last decade confirm qui tam relators remain the key engine behind these cases."

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"Attys React to DOJ's New Memo on FCA Dismissals," by Alyssa Miller was published in Law360 on January 25, 2018.