DOJ Blows the Whistle on Professional Whistleblowers: But the Circuits are Split on Whether Dismissals Will Be SWIFT

his Comment examines the circuit split over Department of Justice authority to dismiss False Claims Act qui tam actions and argues that courts should adopt the D.C. Circuit’s approach in Swift v. United States. Focusing on the DOJ’s increased use of dismissal authority following the Granston Memo and the emergence of professional whistleblower entities, the Comment contends that judicial review of dismissal decisions improperly intrudes on executive prosecutorial discretion and undermines the government’s ability to control litigation brought in its name. It concludes that the Swift standard best preserves executive authority and prevents abuse of the qui tam system by professional relators.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]

Authors

Publication Details

Published
2026-09-28
DOI
https://doi.org/10.31219/osf.io/k8dwa_v1
Primary Topic
Legal Systems and Judicial Processes
Type
preprint
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DOJ Blows the Whistle on Professional Whistleblowers: But the Circuits are Split on Whether Dismissals Will Be SWIFT

Jennifer Harchut
Legal Systems and Judicial Processes
preprint

DOJ Blows the Whistle on Professional Whistleblowers: But the Circuits are Split on Whether Dismissals Will Be SWIFT

Jennifer Harchut
preprint en

Abstract

his Comment examines the circuit split over Department of Justice authority to dismiss False Claims Act qui tam actions and argues that courts should adopt the D.C. Circuit’s approach in Swift v. United States. Focusing on the DOJ’s increased use of dismissal authority following the Granston Memo and the emergence of professional whistleblower entities, the Comment contends that judicial review of dismissal decisions improperly intrudes on executive prosecutorial discretion and undermines the government’s ability to control litigation brought in its name. It concludes that the Swift standard best preserves executive authority and prevents abuse of the qui tam system by professional relators.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]

Vol. 65(2)
Legal Systems and Judicial Processes
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DOJ Blows the Whistle on Professional Whistleblowers: But the Circuits are Split on Whether Dismissals Will Be SWIFT — Jennifer Harchut · (2026) | TGRS Research Map | TGRS