Supreme Court of New Jersey
In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (077506) (Essex and Statewide)
June 7, 2017
Summary
The Appellate Division reversed the Chancery Judge’s order enforcing administrative subpoenas issued by the Attorney General under the New Jersey False Claims Act. The court held that once the Attorney General’s intervention deadline expires and the qui tam complaint is unsealed, the NJFCA bars the issuance and enforcement of such subpoenas. The decision rests on a construction of the NJFCA’s statutory scheme that limits the Attorney General’s investigative powers after he declines to intervene.