On January 25, 2018, the U.S. Department of Justice (DOJ) issued a memorandum limiting the use of agency guidance documents in affirmative civil enforcement (ACE) cases. Stating that “[g]uidance documents cannot create binding requirements that do not already exist by statute or regulation,” the memorandum strongly discourages DOJ litigators from using noncompliance with agency guidance … Continue reading this entry
Tags: ACE attorneys, ACE cases, agency guidance documents, DOJ, DOJ memo
In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (DOJ) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (FCA) cases brought by whistleblowers. We have long argued DOJ dismissal is an underused tool provided by the FCA. See “Dismissing FCA Cases Over … Continue reading this entry
Tags: DOJ memo, False Claims Act, FCA, Granston Memo