October 11, 2020

Update Regarding Courts' Views on Granston Motions to Dismiss in FCA Cases

By Sean McKenna, Esq., Spencer Fane, LLP, Dallas, TX and Neil Issar, Esq., Haynes & Boone, LLP, Dallas, TX

In January 2018, U.S. Department of Justice (DOJ) Civil Frauds Section Director Michael Granston issued a memorandum emphasizing the federal government’s role as a “gatekeeper” of False Claims Act (FCA) qui tam actions2 to ensure that only cases that advance the government’s interests go forward.3 The memorandum, known as the Granston Memorandum, provided several factors for DOJ lawyers and local Assistant U.S. Attorneys to evaluate when to seek dismissal under 31 U.S.C. § 3730(c)(2)(A).

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