Eric Sitarchuk

Morgan Lewis

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Senator Grassley Drafting Legislation to Potentially Limit DOJ Dismissal Power in FCA Cases

Senator Chuck Grassley plans to propose legislation that would require the US Department of Justice to state its reasons for dismissal of qui tam cases over the objection of the relator. ...more

8/6/2020 / Department of Justice (DOJ) , Enforcement Actions , Enforcement Authority , False Claims Act (FCA) , Healthcare Fraud , Motion to Dismiss , Qui Tam , Whistleblowers

No FCPA Accomplice Liability for Non-resident Foreign Nationals if No Agency

Court rules that the US Department of Justice cannot expand the FCPA’s reach simply by charging non-resident foreign nationals with conspiracy....more

8/19/2015 / Agency Relationship , Aiding and Abetting , Civil Conspiracy , Criminal Conspiracy , Department of Justice (DOJ) , Foreign Corrupt Practices Act (FCPA) , Foreign Nationals , Indictments , Motion to Dismiss , Non-Resident Aliens

Felony Conviction Bars Whistleblower from Pursuing Qui Tam Case

A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability. On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from...more

7/21/2015 / Convictions , Criminal Investigations , Department of Energy (DOE) , False Claims Act (FCA) , First Impression , Fraud , Motion to Dismiss , Qui Tam , Relators , Whistleblowers

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