DOJ Scrutiny of Whistleblower Suits Under Biden Unlikely to Stop

David K. Colapinto, whistleblower attorney at Kohn, Kohn & Colapinto, was recently quoted in a Bloomberg Law article about the continuing implementation of a 2018 DOJ memo that allows for the dismissal of “meritless” False Claims Act whistleblower cases.

Colapinto and other whistleblower advocates believe that a change in administrations will not halt the use of the potentially harmful memo.

From Bloomberg Law

Changes are needed because the memo is at odds with the FCA’s purpose of uncovering government fraud, and because of the increase in litigation over its implementation, said David Colapinto of Kohn, Kohn & Colapinto LLP in Washington, a law firm that represents whistleblowers.

The DOJ has been “advocating dismissal against the whistleblower under standards and policies that are far from clear,” he said.

“Whatever benefits the government derives from the increase in government-requested dismissals need to be evaluated against discouraging whistleblowers from filing qui tam actions,” Colapinto said.