Department of Justice lawyers should seek to have “meritless” False Claims Act cases dismissed, according to a recent internal memo obtained by The National Law Journal.
The memo, from Michael Granston, the director of the commercial litigation branch at the DOJ’s Fraud Section, was sent to attorneys in the branch as well as assistant U.S. attorneys across the country on Jan. 10. It outlines factors DOJ lawyers should consider when deciding whether to seek dismissal of False Claims Act cases brought by qui tam relators on behalf of the government. While the DOJ can move to dismiss such cases, it’s rarely done so in the past.
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