DOJ Memoranda Signal Tempered Approach to FCA Cases But Are These New Constraints Changing the Tone? – AHLA PG Bulletin

In late January 2018, DOJ authored two memoranda; the first (intended to be internal to DOJ only) concerned the factors DOJ should use in considering dismissal of non-intervened qui tam suits (the Granston Memo), while the second addressed DOJ’s discontinuance of using sub-regulatory guidance documents in civil enforcement cases, such as the FCA (the Brand memo).