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First Means First: Dismissal of Prior Related Actions No Cure For Relator’s First-to-File Defect

Client Alert | 1 min read | 08.15.17

The Fourth Circuit held in United States ex rel. Carter v. Halliburton – its third decision in this protracted litigation – that the False Claims Act’s first-to-file rule required dismissal of the relator’s action, because relator brought his case while related cases were pending even though those related cases had since been dismissed and the relator’s complaint subsequently amended.  The court explained that the statutory text of the first-to-file rule is “unambiguous” and “affords courts no flexibility to accommodate an improperly-filed action when its earlier-filed counterpart ceases to be pending.”  The court acknowledged that its holding “may raise statute of limitations problems” for some FCA relators, but noted that (1) the FCA’s objective of putting the government on notice of fraud was already met by the first-filed actions, and (2) FCA defendants also have an interest “in repose and avoiding stale claims outside the limitations period.”

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Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so....

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