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Supremes Hold FOIA Response Satisfies FCA Public Disclosure Bar


The Supreme Court (, reversing a decision of the Second Circuit, today held that a federal agency's written response to an FOIA request for records constitutes a "report" within the meaning of the public disclosure bar in the False Claims Act. The Court, characterizing the case as "a classic example of the 'opportunistic' litigation that the public disclosure bar is designed to discourage," noted that the words congressional, administrative or GAO, which precede the word report, "tell us nothing more than that a 'report' must be governmental."

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Brian C. Elmer
Retired Partner – Washington, D.C.

Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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