DOJ Blows the Whistle on Professional Whistleblowers: But the Circuits are Split on Whether Dismissals Will Be SWIFT

his Comment examines the circuit split over Department of Justice authority to dismiss False Claims Act qui tam actions and argues that courts should adopt the D.C. Circuit’s approach in Swift v. United States. Focusing on the DOJ’s increased use of dismissal authority following the Granston Memo and the emergence of professional whistleblower entities, the Comment contends that judicial review of dismissal decisions improperly intrudes on executive prosecutorial discretion and undermines the government’s ability to control litigation brought in its name. It concludes that the Swift standard best preserves executive authority and prevents abuse of the qui tam system by professional relators.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]