Gov't Tells High Court FCA Seal Violations Need Discretion

By Daniel Wilson (September 21, 2016, 4:11 PM EDT) -- The federal government has argued that breaking the seal on a False Claims Act case should not require automatic dismissal of that suit, in a U.S. Supreme Court dispute over alleged abuse of the federal flood insurance program.

District judges traditionally have broad discretion to decide on the appropriate sanctions for violating court rules and orders, authority which should extend to instances where the automatic seal on a qui tam FCA case has been broken, federal attorneys said in an amicus brief filed Monday, asking the high court to rule against State Farm Fire and Casualty Co.

"Nothing in the FCA...

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