Michael Granston Cautions FCA Defense Bar Regarding The Granston Memo's "Government Burden" Factor

Although it took several months to see if and how DOJ would start implementing the January 2018 Granston Memo, DOJ has since then filed a torrent of "Granston" motions to dismiss in courts throughout the United States. Many of these motions have yet to be decided. In this update, we discuss briefly Michael Granston's recent remarks about DOJ's policy as well as one of the motions that has been decided since the policy was issued.

One of the potential grounds for dismissal outlined in the Granston Memo is to "preserv[e] government interests . . . when the government's expected costs are likely to exceed any expected gain." Per the Memo, examples of potential costs include, "the need to monitor or participate in ongoing litigation, including responding to discovery requests." To date, DOJ has successfully argued preserving government resources as a basis for dismissal in several suits: United States ex rel. Toomer v. Terrapower, LLC, No. 16-226, 2018 WL 4934070 (D.