Qui Tam Dismissals Are Spiking: What That Means for FCA Enforcement

Host Jonathan Porter (https://www.huschblackwell.com/profes...)  welcomes Husch Blackwell’s Tanner Cook (https://www.huschblackwell.com/profes...) back to the podcast to discuss the recent spike of DOJ dismissals of improper qui tams under 31 U.S.C. § 3730(c)(2)(A). This episode is a follow-up of our last podcast (https://www.huschblackwell.com/newsan...) , in which Husch Blackwell partner Cormac Conner (https://www.huschblackwell.com/profes...) discussed how qui tam dismissals increased by around 400% in 2025.  We begin by addressing common misconceptions about how DOJ views its dismissal power, with its focus on process abuse rather than merit disputes. Next, we examine the Granston Memo, which outlines the Department of Justice's protocols for considering dismissal of qui tam actions on various grounds.  Tanner then walks listeners through the details of considerations DOJ uses to assess qui tams for dismissal potential, with examples of the types of instances where DOJ has exercised its (c)(2)(A) dismissal power in the past. We end the discussion by examining what those who defend False Claims Act investigations and qui tams can learn from these recent developments and how to structure dismissal requests to maximize changes of DOJ action. Jonathan Porter | Full Biography (https://www.huschblackwell.com/profes...) Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers. He draws on his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law. Tanner Cook | Full Biography (https://www.huschblackwell.com/profes...) Based in St. Louis, Tanner is a member of Husch Blackwell’s Commercial Litigation group, focusing on consumer class actions, antitrust litigation, and multidistrict litigation. He frequently takes the lead in drafting critical pretrial briefs, including dispositive motions and evidentiary challenges. In addition to his commercial litigation practice, Tanner regularly assists on white collar defense matters, especially in the False Claims Act context. He has significant experience defending companies from qui tam whistleblower suits at every stage of the litigation process, combining his deep substantive knowledge of the law with creative defense strategies. Tanner served as law clerk at the U.S. District Court, Eastern District of Missouri, for Judge Sarah E. Pitlyk.