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News/Compliance & Enforcement/Will DOJ’s False Claims Act “Voluntary” Dismissals Accelerate Under Attorney General Barr?
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Expert Opinion·Compliance & Enforcement Brief

Will DOJ’s False Claims Act “Voluntary” Dismissals Accelerate Under Attorney General Barr?

Attorneys at Alston & Bird speculate about the future trend for the Department of Justice to dismiss False Claims Act qui tam cases, under the leadership of newly appointed Attorney General William Barr. They note that the newest version of enforcement policies shifts toward greater discretion to dismiss cases at the USAO and DOJ line attorney level, at least for civil enforcement.

Speaking in support of allowing whistleblower to pursue cases without government involvement, Senator Chuck Grassley (R-IA) asked, “In circumstances where the government doesn’t intervene in False Claims cases, if confirmed, will you commit to ensuring the Department doesn’t unnecessarily dismiss False Act [sic] cases?”

Barr answered simply, “Yes, senator. I will. I will enforce the law in good faith.”

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