DOJ Scrutiny of Whistleblower Suits Under Biden Unlikely to Stop

President-elect Joe Biden’s Justice Department will likely stick with the nearly three-year-old policy of targeting for dismissal “meritless” False Claims Act suits despite some criticism that allegations of government fraud raised by whistleblowers aren’t being properly considered.

The January 2018 Granston memorandum, which provides guidelines for when the DOJ should use its authority under the False Claims Act to seek dismissals, has been the subject of dozens of court rulings, exacerbated an appeals court split, and caught the ire of Sen. Charles Grassley (R-Iowa).

The FCA provides that the government may dismiss a whistleblower’s action if it gives notice ...