Lincoln was a real lawyer with real court experience. He pushed no jurisdictional bars to make a mockery of a False Claims Act. It was only when DOJ Attorney General Biddle in the 1940′s developed a great hostility to the False Claims Act that jurisdictional bars were used—misused as it turned out— as a ruse to frustrate qui tam actions from being pursued in federal courts(barred), all to often allow fraud to be protected, to turn a real False Claims Act into a nullity.
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It used to be back in the 1940′s some person would get a criminal complaint filed by the DOJ, out of some court clerk’s office, then file a civil action. That was the basis for Congress launching jurisdictional bars(as it was jacked up by a very angry DOJ, with its vast D C lobby powers, and then the DOJ started calling people who filed qui tam actions as one’s engaging in ” parasatic ” qui tam actions, a perjoative term with loaded bias. The DOJ never puts up any money to pursue a matter, when it does not intervene in a qui tam action, and the faux False Claims Act has a provision that it is not responsible for any costs imposed on the qui tam “person”. It seems the DOJ is the one who is being parasitic, if not worst. Why Congess does not wake up in this era of troubled USA assets is astounding, as if it is being some fraud protection network. Most qui tam actions are not pursued , just way too many risks, if the DOJ does not intervene, and the jurisdictional bars only greatly add to that, can’t Congress see that ?
One never sees any in Congress who were trial attorneys in qui tam actions(some like Senator Grassley never stood up in court for one citizen ever), before going to Congress, and they were never involved in any jury trials, with a recovery when the DOJ never intervened.(leaving the costs and expenses to to some citizen if he pursue matters in court.)
The faux False Claims Act should be renamed the jurisdictional bar Act–it is not a real Lincoln law False Claims Act. Now, even if no criminal complaint(from the DOJ), a civil action can be barred– i. e. a civil actions-qui tam, so there is no viable criminal or civil actions agaisnt defrauders of USA accounts.
Jurisdictional bars are still in the False Claims Act
today, and the DOJ is pushing for more with
D C corporate lobbyists, see testimony of John Boese, a D C attorney before Senator Leahy, as he heads the Judicary Committee.