DOJ memo

DOJ Issues New Memo Limiting Use of Agency Guidance Documents in Civil Enforcement Cases: What It Means for Health Care Enforcement

Lisa M. Noller and Lindsey E. Gabrielsen January 31, 2018

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

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

Lawrence M. Kraus, Jessica Joseph and Lisa M. Noller January 29, 2018

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