Disclosures To Gov't Should Bar Whistleblower FCA Claims

Disclosures To Gov't Should Bar Whistleblower FCA Claims

A recurring issue in False Claims Act cases has been whether a defendant’s disclosure directly to government investigators in connection with an official investigation triggers the statute’s public disclosure bar. A Virginia federal court's recent holding in U.S. v. Unisys Corp. that a government-only disclosure can never satisfy the FCA’s publicity requirement carries grave implications because it does not advance the purpose of the public disclosure bar, say Dave Nadler and Dave Yang of Dickstein Shapiro LLP.

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