Nicolas Bourtin Comments on DOJ False Claims Act Memo in Law360

January 25, 2018
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Nicolas Bourtin was quoted in the Law360 article “Attys React to DOJ's New Memo On FCA Dismissals” on a new U.S. Department of Justice memo discussing when the government should consider dismissing whistleblowers' False Claims Act (FCA) cases. “An FCA relator stands in the shoes of the government. For this reason, the FCA requires the DOJ to determine not only whether to intervene in an FCA case, but whether the case should proceed at all,” Nicolas said. “The DOJ's memo reaffirms what should have been obvious, but perhaps was not being emphasized sufficiently by DOJ lawyers: Frivolous qui tam lawsuits are in no one's interest — not the defendants, whose shareholders must foot the bill to defend baseless lawsuits; not the courts, whose limited resources are further strained; and not the government, whose own resources are wasted and whose policies and programs may be impeded.”