SCOTUS Cert Recap: How to Evaluate Federal Government Motions to Dismiss False Claims Act Suits and How to Count Violations of Foreign Financial Account Reporting Requirements
Highlights
On June 21, the Supreme Court agreed to consider the following two questions:
To what degree does the federal government have authority to dismiss a private party’s False Claims Act suit after the government initially declines to proceed with the suit?
When a taxpayer with multiple foreign financial accounts fails to file the form federal law requires, has the taxpayer committed a single violation of federal law or multiple violations for each unreported account?
The U.S. Supreme Court granted two cert. petitions on June 21 – one involving the extent of the federal government’s authority to dismiss private parties’ claims under the False Claims Act (FCA) and another involving how courts should count violations of the Bank Secrecy Act’s requirement to report foreign financial accounts.
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