WEIH STEVE CHANG, United States of America and State of Delaware, Ex Rel.
CHILDREN'S ADVOCACY CENTER OF DELAWARE Weih Steve Chang, Appellant
Argued: July 2, 2019
Appeal from the United States District Court for the District
of Delaware D.C. No. 1-15-cv-00442 District Judge: Hon.
Gregory M. Sleet.
Michael J. Confusione Hegge & Confusione, LLC Mullica
Hill, N.J. Counsel for Plaintiff-Appellant Weih Chang
C. Weiss Dylan J. Steinberg, Jesse S. Wenger United States
Department of Justice Counsel for Plaintiff-Appellee United
States of America
K. Black Delaware Department of Justice Counsel for
Plaintiff-Appellee State of Delaware
Kimberly A. Boyer-Cohen Marshall Dennehey Warner Coleman
& Goggin Counsel for Defendant-Appellee Children's
Advocacy Center of Delaware
Before: McKEE, PORTER, and RENDELL, Circuit Judges.
PORTER, CIRCUIT JUDGE.
Chang appeals the District Court's orders dismissing his
complaint under the False Claims Act ("FCA") and
its Delaware counterpart. He argues that the District Court
was obliged under those statutes to hold an in-person hearing
before dismissing his claims. We disagree, so we will affirm.
prohibits the submission of false claims for payment to the
United States. See 31 U.S.C. § 3729(a)(1);
United States ex rel. Petratos v. Genentech Inc.,
855 F.3d 481, 486 (3d Cir. 2017). To incentivize its own
enforcement, the FCA allows private individuals to sue for
alleged violations-called qui tam suits-and offers
them a percentage of an eventual recovery. See 31
U.S.C. § 3730(d).
typical qui tam action, a private party (called a
"relator") sues a defendant on behalf of the
government for alleged FCA violations. The United States then
has 60 days (plus any granted extensions) to review the claim
and decide whether it will "elect to intervene and
proceed with the action." § 3730(b)(2). If the
government intervenes, the relator has the right to continue
as a party, but the government assumes the "primary
responsibility for prosecuting the action." §
3730(c)(1). If the government chooses not to intervene, the
relator may still "conduct the action." §
even under the latter scenario, the government may still
"dismiss the action notwithstanding the objections of
the person initiating the action if the person has been
notified by the Government of the filing of the motion and
the court has provided the person ...