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Sunday, June 11, 2017

In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (A-5-16;

In the Matter of the Enforcement of New Jersey False 
Claims Act Subpoenas (A-5-16; 077506) 

The Court concurs with the Appellate Division panel’s conclusion that the language of the NJFCA does not authorize the Attorney General to invoke his or her administrative subpoena power in a given matter after the right to intervene in the qui tam action has expired. After the Attorney General declines to intervene in a qui tam action pursuant to N.J.S.A. 2A:32C-5(g) and leaves that action in the relator’s control, the Attorney General loses the authority conferred by N.J.S.A. 2A:32C-14(a) to issue administrative subpoenas.