US DoJ Memos May Hint At Enforcement Stepdown

 
• By Elizabeth Orr

The US Department of Justice has ordered its attorneys to ask for the dismissal of more whistleblower cases, and to avoid basing civil enforcement actions solely on guidance documents. Both could lead to fewer enforcement actions against device manufacturers.

LISBON, PORTUGAL - December 9, 2014: Photo of the United States Department of Justice (DOJ) homepage on a monitor screen through a magnifying glass.

Two recent memos from the US Department of Justice indicate new policies that could lead to a lighter touch for device-industry enforcement.

The first memo, dated Jan. 10, says that government attorneys should consider dismissing whistleblower False Claims Act cases when the government declines to intervene. Ongoing FCA cases can require government resources and impede other enforcement actions even if the government has officially opted out of a case, Michael Granston, director of the commercial litigation branch of DOJ's fraud section, explains in the document

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