FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

By Jacklyn DeMar and Renée Brooker (July 23, 2021, 4:37 PM EDT) -- In a recent Law360 guest article, "DOJ Should Weigh Dismissing Every Nonintervened FCA Suit," the authors suggested that relators litigating declined cases drain scarce resources pursuing meritless cases, and that the U.S. Department of Justice should consider dismissing all False Claims Act cases when it makes its initial declination decision.[1] The narrative woven through the article is both false and dangerous, and should be rejected.

The FCA's qui tam provisions provide that a private person, known as a relator, may bring a claim on behalf of the government against a person or corporation that the relator alleges has defrauded the government...

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