An internal U.S. Department of Justice (DOJ) whistleblower memo has been released that spells out specific, new criteria for federal prosecutors to use in determining whether to dismiss a whistleblower case. While there is a reason for caution, lawyers say that the memo raises no immediate alarms.
Atlanta lawyers with broad knowledge of civil fraud cases brought on behalf of the federal government under the False Claims Act sounded no alarms that meritorious whistleblower claims would be threatened by the U.S. DOJ whistleblower memo that outlines new criteria for dismissing those claims in cases where the government declines to intervene.
But several did caution that whistleblower cases now may face a higher level of scrutiny and said that, on occasion, the government gets its intervention decision wrong.
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