Been a while — not sure “Roundup of White Collar News” is the catchy phrase we’re looking for after a month or so, but here we go:

  • Interesting explanation of the Carter Page FISA application over at Lawfare
  • The Attorney General announced the publication of the Cyber-Digital Task Force Report — Question: does anyone actually read a bureaucratic monstrosity like this?
  • Good for the DOJ — firing reservists because they’re performing military duty is awful, not just illegal
  • Good for the DOJ again — I can never get enough of health car fraudsters getting caught and being made to pay
  • Blows my mind that we’re even having a debate as to whether a president’s conduct amounts to treason
  • Very sad day for L.A. — Jonathan Gold, the man who informed me it was ok, even right, to put yellow mustard on my pastrami sandwich died today

 

 

fraud photoHealthcare news and information site RACmonitor reported with some fanfare in early November of last year that DOJ Civil Fraud Section Director Michael Granston (a friend and former DOJ colleague) had announced at a conference on October 30 that DOJ would begin to seriously consider urging courts to dismiss meritless qui tam or whistleblower actions brought under the False Claims Act at or shortly after the government had reached its intervention decision.

On November 17, Law360 reported that DOJ, in response to RACmonitor’s reporting, had denied adopting a more aggressive stance towards seeking dismissal of qui tam actions it had determined to be lacking in merit.

Now we learn that DOJ’s denial of a policy change to Law360 back in November was not entirely accurate. Indeed, on January 10, the same Michael Granston quoted by RACmonitor issued an internal memorandum  marked “Privileged and Confidential; For Internal Government Use Only” announcing a general framework for evaluating when to seek dismissal of qui tam actions, pursuant to 31 USC § 3730(c)(2)(A)—something DOJ has only sparingly done over the last 30 years since the FCA was substantially amended.

Continue Reading To Dismiss or Not to Dismiss? That Is the Question