On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency guidance to establish FCA liability and (2) require DOJ attorneys to assess whether the government’s interests warrant dismissal “in each case” at the time the agency decides to decline to intervene in the case. The prior version of the Justice Manual did not mandate that DOJ attorneys make that assessment at the time the agency declined to intervene.
According to DOJ, the updates reinstate aspects of guidance issued during the first Trump administration to “help ensure the Department uses its enforcement authority fairly and effectively—holding fraudsters accountable for violations of binding legal or contractual obligations while seeking dismissal of meritless qui tam actions that waste taxpayer resources and impose unjustified burdens on businesses.”
Although it remains to be seen how DOJ will implement these updates, the changes may provide organizations and individuals facing FCA exposure with additional grounds for urging the government to decline to intervene in—or seek dismissal of—those matters.
The Department’s approach to sub-regulatory guidance has shifted across administrations. The recent update to Section 1-19.000 of the Justice Manual, which sets forth DOJ’s internal policies and procedures, “reinstates...
On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency gui...