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Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the qui tam to others.
Editor’s Note: As discussed in Part One of this article, investigations of False Claim Act violations that are initiated as a result of a sealed qui tam complaint raise the question: While the relator and the government are bound by the seal and so cannot reveal the existence of the case or its particulars, does the same apply to the target of the claim? The authors continue their analysis here.
By Jonathan S. Feld, Dante Stella and Christina Brunty
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment’s privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
By Nekia Hackworth Jones
The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States’ Sweeping Opioid Epidemic
The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
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The government’s seizure of attorney-client communications, a headline event when it involves the President’s lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
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