Bloomberg Law
Nov. 27, 2019, 7:32 PM

SCOTUS Must Curtail DOJ Power in JP Morgan Fraud Row: Petition

Daniel Seiden
Daniel Seiden

The U.S. Supreme Court should find the U.S. Justice Department doesn’t have unfettered discretion when seeking to dismiss a whistleblower’s False Claims Act suit and should revive mortgage fraud claims against JPMorgan Chase Bank, whistleblower Laurence Schneider said in a petition for writ of certiorari.

The court needs to repair a circuit split between the U.S. Court of Appeals for the D.C. Circuit, which affirmed the dismissal of Schneider’s suit, and the Ninth Circuit, which requires the DOJ to show that dismissal serves a valid governmental purpose, the petition said.

The Ninth Circuit standard is consistent with the FCA, ...

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