FINDING A "RATIONAL RELATION": BALANCING WHISTLEBLOWER INCENTIVES AND DOJ DISCRETION UNDER THE FALSE CLAIMS ACT.

The False Claims Act (FCA) has been a powerful tool in fighting government fraud for over 150 years. Recently, there has been a disagreement over the appropriate standard of review for FCA claims. The Ninth Circuit has applied the "rational relation" standard, which is fair to defendants and encourages whistleblowers to report fraud. Adopting this standard in all circuits is important for holding the government accountable and incentivizing whistleblowers. The article examines the historical background of the FCA, the circuit split on the standard of review, and argues for limiting the Department of Justice's ability to dismiss FCA suits. [Extracted from the article]