DOJ Revises Justice Manual to Broaden Qui Tam Dismissal Authority and Limit Agency-Guidee
September 18, 2026 revisions require DOJ attorneys to assess dismissal in every qui tam action and permit reopening after declination, while restoring the policy that FCA claims must rest on binding legal requirements — not mere guidance 非
On September 18, 2026, DOJ revised two sections of the Justice Manual. First, Section 4-4.111 now directs attorneys to assess dismissal in every qui tam case and confirms dismissal can be revisited after declination as litigation progresses; the standard broadens from 'facially lack merit' to 'meritless' qui tams, aligning with the Supreme Court's Polansky decision. Second, Section 1-19.000 restores DOJ's pre-2021 policy that agency guidance documents alone cannot sustain FCA claims — enforcement must be grounded in binding legal requirements, though guidance remains evidence on notice, knowledge, and professional standards. For defendants, the post-declination dismissal window creates a new strategic moment to engage DOJ, especially where claims are duplicative, inconsistent with agency priorities, or otherwise implicate the Manual's seven dismissal factors. Watch for early dismissal motions in pending qui tam cases and increased DOJ scrutiny of guidance-based allegations.