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The Justice Department announced on September 18, 2026 that it has updated two key sections of the Justice Manual – Section 1‑19.000, which limits how agency guidance can be used in enforcement, and Section 4‑4.111, which expands the government’s ability to dismiss frivolous qui tam lawsuits. The changes impose stricter “fair‑notice” requirements on the use of guidance documents as standards in False Claims Act cases and give DOJ attorneys new authority to re‑evaluate dismissal decisions even after initially declining to intervene. These moves signal a shift toward more disciplined, transparent enforcement while preserving the department’s capacity to curb meritless whistleblower actions. Stakeholders will watch how the new guidance influences the volume of FCA filings, the strategies of private relators, and whether courts will challenge the DOJ’s broader dismissal discretion in upcoming cases. [[1]]
