News & Analysis as of

Department of Energy (DOE) Relators

Holland & Knight LLP

Granston Memo in Action: DOJ Successfully Exercises Authority to Dismiss Meritless Qui Tam

Holland & Knight LLP on

A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless non-intervened qui tam claims without the time and expense of protracted litigation with...more

Saul Ewing Arnstein & Lehr LLP

Ninth Circuit: Relators Can’t Profit from their Own Criminal Conduct

In a matter of first impression, the Court of Appeals for the Ninth Circuit held that a relator cannot partake of proceeds from an FCA action if he has been convicted of criminal conduct arising from his role in the fraud. A...more

Morgan Lewis

Felony Conviction Bars Whistleblower from Pursuing Qui Tam Case

Morgan Lewis on

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

Dorsey & Whitney LLP

Ninth Circuit Concludes that Conviction Precludes Relator Recovery

Dorsey & Whitney LLP on

The Ninth Circuit last week held that pursuant to 31 U.S.C. 3730(d)(3) of the False Claims Act (“FCA”), a qui tam relator who is convicted of conduct giving rise to the fraud that is the subject of the FCA lawsuit must be...more

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