Following the government’s intervention decision, the first test for many of these qui tam lawsuits is surviving a motion to dismiss. Because FCA suits allege fraud against the government, they must be pleaded with particularity as required by Rule 9(b) of the Federal Rules of Civil Procedure. Courts have held that to satisfy Rule 9(b), FCA complaints must include a detailed description of the alleged fraud scheme and facts to show the scheme resulted in a request for reimbursement from the government. A failure on either account will result in dismissal.
