Attys React To DOJ's New Memo On FCA Dismissals

Thursday, January 25, 2018

Stephen A. Miller, vice chair of Cozen O’Connor’s White Collar Defense & Investigations Practice Group, discusses the U.S. Department of Justice’s memo that is guiding its attorneys on when to seek dismissals of False Claims Act cases in Law360. The memo outlines the circumstances in which DOJ attorneys should consider dismissing False Claims Act whistleblowers cases, which “should spur prosecutors to take decisive action on qui tam complaints. When their investigation reveals that a complaint lacks merit, the memo encourages prosecutors to shut down the complaint rather than throw up their hands and allow the relator to extract an in terrorem settlement from a corporation," said Stephen. 

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