The DOJ’s Granston memo encourages dismissal of meritless qui tam cases

A recent memorandum (Memo) issued by the United States Department of Justice (DOJ) to attorneys in the Commercial Litigation Branch, Civil Fraud Section suggests that the DOJ may be adopting a more assertive attitude with regards to dismissal of False Claims Act (FCA) qui tam cases.¹ The Memo, authored by Michael Granston, Director of the Civil Fraud Section and issued on January 10, 2018, addresses the DOJ’s authority to dismiss a FCA qui tam case under 31 U.S.C. § 3730(c)(2)(A) and outlines a number of factors that DOJ attorneys should use to determine whether the DOJ should seek dismissal when it has otherwise declined to intervene.