US Lacks Power to Kill Fraud Suit, Whistleblower Tells Justices

A whistleblower’s False Claims Act suit alleging that Executive Health Resources Inc. defrauded Medicare should be revived because the government failed to properly intervene in the case before it moved for dismissal, according to a brief filed with the US Supreme Court.

The FCA says the Justice Department may move to end a whistleblower’s action that it doesn’t support, over the whistleblower’s objection, by giving notice of a motion to dismiss and an opportunity for a hearing on the motion.

The US Court of Appeals for the Third Circuit erred by concluding that the government could intervene and file a ...