DOJ Revises Justice Manual on FCA Guidance and Qui Tam Dismissals
The Justice Department's September 18, 2026 revisions to two Justice Manual sections on sub-regulatory guidance and qui tam dismissals signal a changed posture for False Claims Act enforcement and defense.
On September 18, 2026, the Department of Justice announced two revisions to the Justice Manual that, per a law-firm alert, materially affect False Claims Act (FCA) enforcement and defense strategy: one addressing sub-regulatory guidance and the other addressing qui tam dismissals. The excerpt available here does not reproduce the text of the revisions, so the specific new standards, thresholds or procedural rules they impose cannot be characterized from this source alone.
Why it matters: the FCA remains one of the most consequential federal exposure channels for healthcare providers, pharma and device manufacturers, government contractors, and financial-services firms handling federal funds. Changes to how DOJ treats agency sub-regulatory materials, and to the department's handling of relator dismissal requests, bear directly on the strength and litigation posture of FCA claims — and on the settlement leverage of both claimants and respondents. Reported by a single firm alert so far, which suggests early-stage diffusion.
Practical next steps for counsel: locate and read the amended Justice Manual provisions themselves; assess whether existing or anticipated FCA matters warrant a reassessment of dismissal, jurisdictional and settlement-posture analysis; and track early case law and secondary commentary testing the revised positions.