Attorneys Moving to Leverage New DOJ Memo in Fraud Cases

Attorneys aren’t wasting any time in moving to hold DOJ prosecutors to the terms of the department’s new policy prohibiting the use of federal agency guidance to support civil fraud actions.

Counsel in one case, who represents medical device company Reliance Medical Systems, told Bloomberg Law Jan. 29 that he believes the policy, announced in a Jan. 25 memo, is enforceable against the Department of Justice in a False Claims Act lawsuit that relies extensively on such guidance. Reliance, and several affiliated subsidiaries and physicians, are facing FCA and anti-kickback law allegations stemming from physician-owned distributorship (POD) subsidiaries that the ...