Posts Tagged ‘Brand Memo’

New Justice Manual Speaks to the Brand Memo’s Impact on False Claims Act Cases

New provisions of the Justice Manual that were circulated by the Deputy Attorney General recently provide new insight on how the Department of Justice will implement the Brand Memo in False Claims Act cases.  The Brand Memo was issued on January 25, 2018 and quickly spread through the whistleblower legal community as it seemed to limit the use of agency guidance documents in affirmative civil enforcement cases.  Since its release, the memo has been repeatedly cited by defendants who claimed that violations of subregulatory guidance should not be considered in False Claims Act cases.

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