DOJ Hammers 'Unprecedented' Rejection Of FCA Dismissal

Law360 (August 22, 2019, 7:50 PM EDT) -- The U.S. Department of Justice is lambasting a California federal judge's rejection of its request to end a whistleblower's False Claims Act suit, deeming it an "unprecedented decision" that usurps executive branch powers.

In a reply brief on Wednesday, the DOJ told the Ninth Circuit that the district judge overstepped by concluding that the government must further investigate a whistleblower suit accusing Academy Mortgage Corp. of pushing through unqualified Federal Housing Administration loans to get government insurance money.

"Consistent with separation-of-powers principles, the FCA properly reserves to the United States the authority to dismiss qui tam suits despite [a whistleblower's] objections,"...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS