On January 10th, Michael Granston, the Director of the Commercial Litigation Branch within the United States Department of Justice’s Fraud Section, issued a memo that establishes an outline for DOJ attorneys to utilize when deciding whether or not to dismiss a False Claims Act qui tam case.
The memo affirms statements Granston made at a health care compliance conference in 2017, in which Granston indicated the DOJ might start dismissing qui tam causes of action brought by False Claims Act relators when it is determined the actions lack merit. 31 U.S.C. § 3730(c)(2)(A) provides that the government has a right to dismiss a qui tam action “notwithstanding the objections of the person initiating the action” by filing a motion with the court and provided the relator has had an opportunity to be heard. This ability in the past has been rarely used, and this memo could signify a significant shift in future DOJ practices.
Brandon J. Moss will join us to discuss the memo and its implications.
Featuring:
Brandon J. Moss, Associate, Wiley Rein