Introduction
On September 18, 2026, the Department of Justice (DOJ) announced revisions to the Justice Manual limiting the use of agency guidance in affirmative civil enforcement, including under the False Claims Act (FCA). According to the DOJ press release, the changes are intended to ensure that parties are “held accountable for violations of binding legal obligations, not agency guidance that lacks the force and effect of law.” The changes are the latest in a line of DOJ policy shifts relating to the use of agency guidance, and they represent a departure from the prior policy issued by Attorney General Merrick Garland. Parties facing FCA investigations or litigation based on agency guidance should consider whether the changed policy can be harnessed to defend against those claims or used in negotiating a favorable settlement with DOJ.
DOJ Policy on Agency Guidance
Prior DOJ Policies on Agency Guidance
The latest revisions to the Justice Manual represent the...
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