FOIA releases should not be considered as something that can discredit a relator in qui tam cases. If this were to be the case then companies could just release information and FCA cases against them waived. “Disclosure of a public record is merely that, a disclosure; the mere fact that a public record has been disclosed does not automatically transform the record into an administrative report and investigation, consistent with the meaning of the words used in §3730(e)(4).”

Download the Amicus Brief here.