Office of Public Affairs | DOJ Revises Justice Manual to Strengthen False Claims Act Enforcement

WASHINGTON — Today, the Department of Justice announced revisions to the Justice Manual to strengthen its fight against fraud under the False Claims Act through clearer standards that promote fair and effective enforcement. These revisions clarify the limits on the use of sub-regulatory guidance across Department litigation and when the Department will seek dismissal of qui tam actions that do not serve the interests of the United States.

“The Department of Justice should enforce the law, not make law through enforcement,” said Associate Attorney General Stanley E. Woodward, Jr. “These updates reflect the Department’s commitment to fair notice, transparent enforcement, and the rule of law.”

“The Civil Division will continue to focus on cases that advance the interests of the United States,” said Assistant Attorney General Brett A. Shumate. “Evaluating qui tam cases for potential dismissal ensures our enforcement efforts remain aligned with those interests and promotes the efficient use of government resources.”

“The False Claims Act is one of the government’s most powerful tools for combatting fraud,” said Associate Deputy Attorney General Paul Perkins.  “These revisions will help ensure the Department uses its enforcement authority fairly and effectively—holding fraudsters accountable for violations of binding legal or contractual obligations while seeking dismissal of meritless qui tam actions that waste taxpayer resources and impose unjustified burdens on businesses.”

The first revision reinstates and builds upon the Department’s 2017 policy that sub-regulatory guidance cannot impose legal obligations beyond those established by statute or regulation. This revision reflects the Department’s commitment to fair notice and the rule of law—individuals and businesses should be held accountable for violating binding legal obligations, not agency guidance that lacks the force and effect of law. It also ensures that the Department focuses its enforcement resources on violations of those binding obligations.

The second revision makes clear that the Department should consider exercising its dismissal authority when it declines to intervene in a qui tam action and, where it does not seek dismissal, revisit that assessment as appropriate during litigation. The Department will continue to exercise this authority judiciously, with an emphasis on seeking dismissal of qui tam actions that lack legal or factual merit and focusing Department resources on matters that advance the interests of the United States. 

The Justice Manual revisions may be found here and here.