DOJ Updates Policies on False Claims Act Enforcement and Qui Tam Dismissals
By: Colin M. Huntley, Sara McLean, Charles F. Connolly, Marta A. Thompson, Laura Hill
On September 18, 2026, the Department of Justice (DOJ or Department) announced updates to the Justice Manual (JM) affecting nationwide False Claims Act (FCA) enforcement. The latest updates to the JM—the Department’s official compilation of policies and procedures pertaining to the investigation, litigation and resolution of alleged violations of federal law—reflect policies announced by Department officials over the past 18 months and (1) limit the use of agency guidance as the basis for FCA enforcement and (2) encourage the exercise of DOJ’s statutory prerogative to dismiss qui tam actions over relators’ objections as an exercise of prosecutorial discretion.
These policies are not new, but DOJ’s incorporation of the policies into its manual for prosecutors underscores DOJ’s commitment to their implementation on a day-to-day basis by line attorneys and suggests new avenues for advocacy on behalf of organizations and individuals facing FCA investigations and litigation.
DOJ’s latest revision to the JM reaffirms that in all criminal and civil cases, the Department must establish a violation of law by reference to statutes and regulations and cannot premise a violation on “mere noncompliance with guidance documents issued by federal agencies.”
JM...
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