Tenley Armstrong Quoted by Law360 on DOJ False Claims Act Prosecution Memo

January 29, 2018

BIRMINGHAM, Ala. (January 30, 2018) - Lightfoot Partner Tenley E. Armstrong was quoted recently by Law360 in a round-up of comments from lawyers around the country about a recent Department of Justice (DOJ) memo regarding a change in its approach to whistleblower lawsuits under the False Claims Act (FCA). As noted by Law360, the memo discussed “circumstances in which the government should consider dismissing False Claims Act cases brought by whistleblowers.”

“This memo is welcome news to the defense bar and industries that are increasingly the targets of FCA prosecutions. It provides a roadmap for how savvy defense lawyers can steer motion practice and discovery in nonintervenor FCA cases to make a case unattractive to the DOJ,” Armstrong commented to Law360. “Preserving good case law on the FCA and conserving the DOJ’s valuable resources necessitates a reminder to prosecutors to pare down nonintervenor qui tam cases and a shot across the bow to the relators’ bar to self-police in selecting claims.”

The full article can be found here (subscription required).

Armstrong is a member of the firm’s White Collar Criminal Defense and Corporate Investigations practice group. She offers advice to clients in the healthcare industry seeking to comply with Stark, the Anti-Kickback Statute and the FCA. She has also represented clients accused of a variety of criminal violations including bank and healthcare fraud, and government contract procurement fraud.