IN THE MATTER OF THE ENFORCEMENT OF NEW JERSEY FALSE CLAIMS ACT SUBPOENAS
DOCKET NO. A-0749-15T2/A-0756-15T2
By way of this chancery action commenced pursuant to the New Jersey False Claims Act (NJFCA), N.J.S.A. 2A:32C-1 to -15, -17 to -18, the Attorney General obtained an order enforcing the administrative subpoenas, which were designed to investigate the advisability of his intervention in a federal qui tam action, that were served on appellants. The court reversed, holding that, although the NJFCA imbues the Attorney General with broad investigatory powers for determining whether to intervene as of right, once, as here, the Attorney General declines to intervene as of right and the qui tam complaint is unsealed, the Attorney General no longer possesses the right to issue and obtain enforcement of administrative subpoenas even though the Attorney General retains the opportunity to later seek intervention in the qui tam action upon good cause shown.
