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George B. Breen

Reporter

Indexed articles, last 90 days
3
Latest publication
Sep 25, 2026
Outlet visibility, for natlawreview.com
Top 1M sites
Earliest in this view
Aug 25, 2026

Latest articles

  1. Article · Sep 25, 2026 · George B. Breen

    DOJ Revises Justice Manual on Non-Binding Guidance and Qui Tam Dismissals: Practical Considerations (opens the original)

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    On September 18, 2026, the U.S. Department of Justice (DOJ) announced revisions to two sections of the Justice Manual (JM) in an effort to strengthen the “fight against fraud” in False Claims Act (FCA) and other civil enforcement matters. The revisions clarify and reinforce limits on the use of sub-regulatory guidance in DOJ litigation and on when DOJ will seek dismissal of qui tam actions. First, revisions to JM 1-19.000 build upon DOJ’s 2017 policy that sub-regulatory guidance cannot impose le

  2. Article · Sep 3, 2026 · George B. Breen

    The Battle Continues: No Appointments Clause Problem, BUT Eleventh Circuit Directs District Court to Consider Whether False Claims Act Qui Tam Provisions Violate Take Care, Vesting Clauses (opens the original)

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    Almost two years after Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida became the first federal judge in the country to declare the qui tam provisions of the False Claims Act (FCA) unconstitutional, the U.S. Court of Appeals for the Eleventh Circuit vacated Judge Mizelle’s September 30, 2024, order and held that the FCA’s qui tam provisions do not violate the Appointments Clause of the U.S. Constitution. The case now returns to the District Court. On S

  3. Article · Aug 25, 2026 · George B. Breen

    Exclusion Authority (It’s Not Just the HHS-OIG Anymore …) (opens the original)

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    On July 21, 2026, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced (the “July 21 announcement”) that he would be providing to the Centers for Medicare & Medicaid Services (CMS) the exclusion authority currently within the exclusive domain of the HHS Office of Inspector General (HHS-OIG)—that is, the power to exclude individuals and entities from participation in federally funded health care programs. CMS has various payment integrity weapons at its disposal

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