Opposing Endless Extensions of the 60-Day Seal Period in False Claims Act Cases

Lexology December 5, 2023
Holland & Knight LLP

Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator’s False Claims Act (FCA) case? The appellants in U.S. v. Corporate Mgmt. Inc., 78 F. 4th 727 (5th Cir. 2023), asked the court of appeals to rule that 18 times over eight years was too many requests for extension as it enabled the government to engage in extensive unilateral discovery, review documents, make deposition requests and press for settlement – all while the appellants were left in the dark about the claims against them.

Background

The FCA is “the Government’s primary litigative tool for combatting fraud against the Government.”¹...

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