A top Department of Justice (DOJ) official has recently issued a much-anticipated memo explaining the factors DOJ will consider when deciding whether to dismiss FCA suits brought by relators in qui tam cases. Specifically, the memo by Michael Granston, Director of the Commercial Litigation Branch within the DOJ Fraud Section sets forth seven non-exhaustive factors that DOJ lawyers should consider when deciding whether to seek dismissal of all or part of a FCA qui tam suit under 3730(c)(2)(A), addressing the following areas:

  • Curbing meritless qui tams
  • Preventing parasitic or opportunistic qui tam actions and controlling litigation
  • Preventing interference with agency policies and programs
  • Certain procedural and policy concerns

For more information on this important topic, please read the full blog post here, and the Granston memorandum dated January 10, 2018 here.