Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions.

On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of Justice’s (DOJ) Fraud Section, issued an internal memorandum encouraging DOJ attorneys to consider using the government’s authority to dismiss False Claims Act (FCA) qui tam cases that “lack substantial merit.” The confidential memo, recently leaked to the press, sets forth seven factors for government lawyers to consider when evaluating whether to seek dismissal of a qui tam case.