Experienced Mississippi Whistleblower Lawyer Discusses Important U.S. Supreme Court Case

I wanted to bring a recent U.S. Supreme Court decision to your attention.  Anyone concerned with whistleblower law or the False Claims Act or really any other area of law should take note of the U.S. Supreme Court’s 5 to 4 decision in Franchise Tax Board of California v. Hyatt.  The case’s facts are unlikely to be of interest to most people and deal with the question of whether a private party can sue a state in another state’s court.  While that question may be of interest to attorneys and legal scholars, the way the Court answered that question should be of interest to anyone dealing with legal issues. The Hyatt case is critical because the Court’s answer to that question—no, a state cannot be sued by a private party in another state’s courts—overturns another U.S. Supreme Court decision, Nevada v. Hall, from 1979. This somewhat obscure case has received quite a bit of attention because liberals view it as laying the groundwork for an attempted reversal of Roe v. Wade, but it could have broad effects beyond that abortion decision to all U.S. Supreme Court cases.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

Stare Decisis

Typically, the doctrine of stare decisis dictates that courts follow their own rulings and rulings of higher courts on similar issues.  Stare decisis literally means “stand by things decided.”  Stare decisis creates a precedent, which allows attorneys to guide clients through a decision by looking at similar cases that a court decided.  When a court chooses not to follow stare decisis, it creates tremendous uncertainty, as parties are no longer able to reasonably determine what a court will do given similar facts and law cases it has previously decided. This is particularly unusual behavior for the U.S. Supreme Court, which has only overturned its own rulings 140 times in over two hundred years of cases. Writing for the majority, Justice Clarence Thomas wrote that “stare decisis does not compel continued adherence to this erroneous precedent.” In essence, if a court finds that a previous ruling was wrong, it can overturn the decision.

In his dissent, Justice Breyer summed up the situation well.  He wrote, “to overrule a sound decision like Hall is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the court will overrule and which cases are here to stay.” The ripple effect of the Hyatt decision will likely be that other courts will find themselves less bound to stare decisis, and more attorneys will be encouraged to try to change established case law.

This leaves litigants in other cases less sure of their positions, a situation that will likely lead to more settlements. I say this because when a court’s position on an issue becomes less certain, or when a litigant becomes less willing to make a bad precedent for himself or his injury, the surety of settlement becomes more attractive.

What Should You Do if You are Considering Making a Whistleblower Claim?

It’s unclear how Hyatt will affect whistleblower cases.  The False Claims Act is a Civil War-era law, yet it has received significant criticism from conservatives, including current U.S. Attorney General William Barr.  If you are considering filing a False Claims Act case, you will need to speak to an attorney with significant experience in this area of the law. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

/by

Experienced Mississippi Whistleblower Lawyer Discusses Taping Conversations

The U.S. Department of Justice only prosecutes the strongest whistleblower cases under the False Claims Act and other federal whistleblower laws. As we all know, with the advent of the smartphone, almost everyone has an audio recorder at their fingertips at all times. Audio recordings often make up the most reliable evidence in any case, especially when a person involved in an illegal act admits to the conduct in question on tape. Clients here in Mississippi often ask me whether they can make secret recordings in the workplace to bolster their case. The second question is whether they should make those tapes. This is almost always a difficult discussion and decision, and there is no one answer for every potential whistleblower case. Because these questions come up so often, I have written the following blog post as an overview.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

Can I Secretly Tape in My Workplace in Mississippi?

Under Mississippi law, it legal to secretly tape a conversation as long as one party to the discussion is aware of the taping. In layperson’s terms, that means you can tape a conversation that you are present for but cannot “bug” a room or vehicle where a conversation will occur outside your presence.  The rules around taping conversations vary from state to state, and the above is limited to Mississippi.  In a nutshell, yes, you can tape some conversations at work.  But should you?

Should I Secretly Tape in My Workplace in Mississippi?

As we all know in life, just because you can do something does not mean that you should.  While we all fantasize about recording our employer making a “smoking gun” statement about some fraud against the U.S. government, it is rarely that simple.  First, most fraud against the government is committed by a group of people playing separate, discrete rolls. It is unlikely that you will be able to tape statements made by a mastermind or Bond-villain disclosing the blueprint for the fraud. Second, eliciting admissions is more complicated than it seems, and you may tip off your employer that you are thinking of becoming a whistleblower.  If you tip them off, you may just be providing them with an opportunity to cover up the fraud and destroy relevant documents.  Many people who are committing fraud are at least passively on the lookout for anyone trying to uncover their behavior. Finally, you may also make lots of tapes that do not support your case. Eventually, these statements will also be evidence in any whistleblower case and may weaken your position. Accordingly, there may be cases and times when recording makes a lot of sense, but the decision to tape should be made in coordination with an experienced whistleblower attorney who can provide you with advice about how to move forward in a way that best serves your interests.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? It is foolhardy to start making tapes in hopes of catching your employer making “smoking gun” admissions without first speaking with an experienced whistleblower attorney. The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

/by

Experienced Mississippi Whistleblower Lawyer Discusses Recent Pain Clinic Cases

As I have stated in other blog posts, any fraud or kickback in the medical field implicates the False Claims Act’s whistleblower provisions.  That is because almost every aspect of the medical field receives some government funding. The False Claims Act prohibits any type of fraud against the federal government, so if you are a physician, nurse, or any other kind of medical staff, you may be entitled to a tremendous reward if you successfully notify the federal government of that fraud.  But remember, only the first person who successfully advises the government will receive the 15% to 30% of whatever the government recovers as a result of the whistleblower claim.  If you delay in making your claim or make a claim that fails to catch the U.S. Department of Justice’s attention, you may end up with nothing. I noticed the following medical whistleblower case recently and thought it would resonate with those of you here in Mississippi who are considering bringing fraud in the medical profession to light.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

The Facts of the Whistleblower Cases

A chain of Tennessee pain clinics was fraudulently inflating prices and charging Medicare for unnecessary drug tests for years. The fraud ranged into the millions of dollars and would have gone unchecked except for doctors and physician’s assistant that bravely blew the whistle on this conduct. The patients were unaware of the fraud, as the high costs for their tests were borne entirely but U.S. taxpayers.

These medical professionals notified the Department of Justice that the pain centers, National Spine and Pain Centers and Physical Medicine Associates, were unnecessarily charging Medicare for a full panel of drug screens and follow-up screens in situations where the entire panel was unnecessary or where the patient had passed the first drug test. As a result of the whistleblowers, both companies agreed to pay $3 million in fines to settle the case against them.

The False Claim Act prohibits inflating prices, charging for unnecessary services, and providing the government with sub-standard products.  Here, the medical professionals became aware of the government being billed for drug screening tests that were not only unnecessary, but that were being billed at rates four to five times what the real price should have been. Through careful pleading, these whistleblowers were the first to notify the federal government of the price gauging, entitling them to a significant financial reward.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you a doctor, nurse, physician’s assistant, or other medical professional considering filing a whistleblower case?  While the reward for submitting a successful claim can be significant, you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

/by

Experienced Mississippi Whistleblower Lawyer Discusses Whistleblowing About Physician Compensation

Physicians enjoy one of the United States’ highest paying professions.  There are strict rules, however, regarding how physicians are compensated and, importantly, what services federal programs like Medicare and Medicaid can be billed for. Whenever federal programs like Medicare or Medicaid are involved, there is an opportunity for whistleblowers who are willing to come forward and report fraud against the federal government bravely. One of the prohibited acts under the False Claims Act is receiving kickbacks in return for referrals of work.  Physicians cannot funnel patients towards certain providers in exchange for bonuses, financial incentives, or other valuable perks.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

Are You Aware of Physician Referral Fraud?

A recent False Claims Act involving Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) demonstrates some key points to look for when asking whether the physician compensation you are aware of violates the False Claims Act.  It is important to note that this case settled and that Halifax and the Department of Justice agreed that Halifax would pay $85 million.  The whistleblower in this case is entitled to 15% to 30% of that settlement, a massive award.

Here, physicians in Halifax’s oncology group divided a large bonus pool based both on how much they worked and how much work they referred to other providers.  The court found that this payment plan was not an allowable bonus based on services that the oncologists personally performed as the law requires, but instead was a bonus divided up based on services individually performed by the group. The bonus was determined based on factors in addition to personally delivered services – including revenue from referrals.  The fact that each oncologist could increase his or her share of the bonus pool by performing more services did not diminish the fact that the pool and each bonus could be increased simply by making more referrals. In short, pay, and billing must be directly related to work performed, not others’ work or referrals.

Accordingly, if you are working in a medical environment where pooled compensation is unconnected to services personally performed and is, at least partially, based on referrals to other providers, you are likely witnessing a violation of the False Claims Act’s anti-kickback provisions.  This is a technical legal area, and you will require the help of an experienced False Claims Act attorney to help you file your claim.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

/by

Experienced Mississippi Whistleblower Lawyer Discusses “Reverse” False Claims Act Claims Against Importers

There has been a lot of discussion of trade and tariffs in the news lately, which has direct links to the False Claims Act.  When a country imports products or materials and has tariffs or duties placed on those materials, the country is obligated to pay a certain amount of money to bring the product across the U.S. border.  When a country somehow circumvents that duty to pay tariffs and duties, it is denying the U.S. government revenue.  When that circumvention occurs due to some fraudulent activity, this is called a “reverse” False Claims Act case.  Unlike a traditional False Claims Act case where a supplier violates the terms of a contract by supplying faulty or substandard materials to the U.S. government, in a “reverse” False Claims Act case the supplier avoids paying any money by not entering into any contract at all.  The following is an example of a reverse False Claims Act case that illustrates this point.

Are you considering becoming a whistleblower? Have you witnessed importers lying to the federal government while bringing a product or material across the border?  You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

A Reverse False Claims Act Case Involving Importing Goods Across the Border

In the case United States ex rel. Valenti v. Tai Shan Golden Gain Aluminum Products Ltd., et al., Case No. 11-cv-368 (M.D. Fla.), the U.S. Department of Justice forced the defendants to pay $3 million to settle a False Claims Act case brought by a whistleblower.  In this case, the defendants were importing aluminum into the United States to be used in the construction of bathroom shower door frames.  The defendants claimed that the aluminum originated in Malaysia when in fact it originated in China and merely passed through Malaysia en route to the United States.  This was a significant misrepresentation, as Chinese aluminum was subject to substantial trade duties, while Malaysian aluminum was not. In essence, the defendants’ misrepresentations ended up defrauding the U.S. government out of money it was due.

This is “reverse” whistleblower case because there was no contract or financial agreement between the defendants and the U.S. government; however, if the defendants had been honest about their importing, a financial approval would have been required.  Their attempt to subvert that agreement amounted to fraud and a violation of the False Claims Act. A whistleblower came forward and alerted U.S. Customs that the defendants were bringing aluminum into the U.S. without paying appropriate customs.  As a result, the whistleblower received a reward of $555,100.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

/by

Experienced Mississippi Whistleblower Lawyer Discusses the College Admissions Scandal

Americans have been abuzz with a whistleblower case concerning college admissions. Wealthy parents have been paying a fake nonprofit corporation to either have paid test-takers boost their children’s college admission test scores or to have college coaches claim that their children were top athletes deserving of special admissions considerations. The universities involved are some of the tops in the nation, including Stanford and Yale, along with some second-tier colleges such as USC, Georgetown, and the University of Texas. This entire enterprise was brought down by a single whistleblower and has snared dozens of people, including top college coaches, attorneys, and several Hollywood stars.  Because this case has received so much press, I have devoted a blog post to describing its facts.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

A Three-Part Scam

As part of operation “Varsity Blues,” the Department of Justice has announced charges against dozens of individuals for participating in a long-running college admissions scam.  The scam had three different components.  First, some parents paid to have someone else take their child’s ACT or SAT for them.  That involved the child being diagnosed with a disability and receiving more time on the test as an accommodation.  Once the child received more time, crooked test administrators allowed fake adult test-takers to take the test in the child’s place, boosting his or her score considerably.

Second, other parent paid to have a false athletics profile created for their children.  Coaches at prestigious colleges were then able to subvert the regular admissions process, bringing in these “athletes” through the recruiting process.  The coaches were paid huge bonuses to “recruit” these students, who were not athletes and never joined the athletics teams once they were admitted.

Finally, the parents involved in both of the above schemes were then allowed to present their bribes and fees as tax-deductible donations to the ringleader of this scam, William “Rick” Singer, who ran a college counseling business for the well-heeled. He allegedly collected over $25 million as part of his scheme. While all of the above remains allegations at this point, the evidence supporting the allegations, including audiotaped conversations between Singer and the parents, coaches, and administrators, is damning.

This entire scheme was reported by a whistleblower being criminally investigated for other illegal acts. His confession to the Department of Justice, in that case, piqued law enforcement’s interest in this case, which involves, wire fraud, tax fraud, and conspiracy charges for dozens of players.  Thus far, no children who received academic preference as a result of the scam have been charged.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The IRS Whistleblower Office receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

/by

Experienced Mississippi Whistleblower Lawyer Discusses Recent $75 Million False Claims Act Case

I have written about it in other blog posts, but I love the history of the False Claims Act. Here is a law in use today that was signed into being by Abraham Lincoln.  Lincoln created the False Claims Act to prevent individuals and companies from overcharging or profiteering off of the U.S. government during the Civil War.  Over one hundred and fifty years later and the law is still being used for precisely the same purpose.  One of the most potent tools in the False Claims Act is the whistleblower provision that provides the person who notifies the government of fraud to keep a large percentage—15 to 30 percent—of whatever the government collects as a result of prosecuting the case.  In the recent False Claims Act case below, the U.S. Department of Justice followed up on the same kind of tip that President Lincoln worried about, a company rigging bids to end up rigging the cost of fuel that the U.S. military paid.  I will discuss the case more fully below.

If you are considering becoming an IRS whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

The Hyundai Oilbank Case

Hyundai Oilbank Co. Ltd. And S-Oil Corporation worked to rig the bidding process for supplying fuel to the United States Army, Navy, Marine Corps, and Air Force bases in South Korea. The Department of Justice took over the investigation from a qui tam case filed by an individual with knowledge of the conspiracy to bilk the U.S. military.  In a nutshell, the two companies conspired with others to make sure that the price of oil supplied to the U.S. government in South Korea remained unnaturally high.  As a result, the U.S. government paid substantially more than it would have in a competitive bid environment.  That expense ultimately was passed along to the U.S. taxpayer.  Due to the whistleblower alerting the Department of Justice to the oil companies’ scheme, they have agreed to pay $75 million in a settlement, and the whistleblower, in this case, is entitled to 15% to 30% of that amount.  Other individuals participating in this scheme have been charged criminally.

The whistleblower in this case risked his or her career to make this claim and will receive a tremendous amount of money as a result.  But becoming a whistleblower is not as easy as just calling in a tip to the Department of Justice.  They receive thousands of potential whistleblower tips every year and only follow up on a small percentage. To catch the Department of Justice’s attention, as this whistleblower did, you will need the assistance of an experienced False Claims Act attorney to draft your complaint in a way that catches the Department of Justice’s attention and paints a picture of a case that is worth directing their scarce resources towards.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower case regarding government contracting?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

 

 

/by

Experienced Mississippi Whistleblower Discusses A Recent U.S. Supreme Court Argument Regarding False Claims Act’s Two Statutes of Limitation

The United States Supreme Court just heard arguments on a recent case, Cochise Consultancy Inc. v. United States, ex rel. Hunt that will likely end up clarifying the False Claims Act’s two statutes of limitations. As anyone who follows the False Claims Act knows, working fast is your number one priority—you must be the “first to file” to attain any reward. If another person notifies the U.S. government of fraud before you do, you get nothing.  But what about the other problem, if you act too slowly?  How long does a whistleblower have to report fraud against the U.S. government?  That is precisely the question before the U.S. Supreme Court right now.  Because the decision in this case will likely change the False Claims Act playing field, I wrote the following blog post to provide an overview.

If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

Statute of Limitations Issues and the False Claims Act

All laws have a statute of limitations.  A statute of limitations provides the amount of time a person has to sue under that statute.  After the statute of limitation “runs” or expires, a person is barred from bringing suit.  A statute of limitations also involves a concept called “equitable tolling” meaning that it is unfair to be able to sue another person after a certain period, as memories of the case fade, evidence gets stale, and it becomes increasingly difficult to weigh the evidence involved. In a nutshell, a statute of limitations is a deadline that a person must meet after they are harmed to bring suit regarding that harm.

The problem presented in the case before the Supreme Court is that the False Claims Act has two statutes of limitation and it is not clear which one applies in the case.  In this case, Hunt claims that Cochise Consultancy defrauded the U.S. government through fraudulent munitions cleanup contracts in Iraq in 2006 and 2007.  Hunt filed a False Claims Act suit in 2013, more than six years after the alleged fraud occurred.

The False Claims Act has two statutes of limitations.  The original statute of limitations requires lawsuits to be filed within six years of the alleged fraud.  The second statute of limitations, added later, allows for claims to be filed up to three years after the government has been notified of the complaint’s key facts, but not more than ten years after the alleged fraud. Whichever statute of limitations occurs last controls the case.

Here, Hunt brought his case in 2013, so he missed the first statute of limitations.  However, he is claiming that the U.S. government became aware of his case and did not intervene, so he should be allowed to continue his suit under the second, longer statute of limitations. Of course, Cochise Consultancy’s attorney argued that this sort of delay would allow whistleblowers to “wait in the weeds” and violates the principle of ethical tolling.

I agree with many comments made by the Court’s Justices, all of which focused on the fact that speed is on the side of the whistleblower and it is never really in his or her interest to wait to file a claim, as that delay could result in losing their claim to another whistleblower.  The Justices seemed persuaded by the fact that Mr. Hunt could have had the longer statute of limitations had the government taken an interest in his case, and that the longer statute of limitations serves the public interest of catching those who defraud the government.  I look forward to hearing the result of this case later this year.

What Should You Do if You are Considering a Whistleblower Claim?

The reward for submitting a successful whistleblower claim can be massive, 15% to 30% of any amount recovered as a result of your report, reinstatement, back pay and front pay, and expenses, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. Careful pleading is key to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced Mississippi Whistleblower Attorney Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

/by

Experienced Mississippi Whistleblower Attorney Discusses Whistleblower Claims by Government Contractors

I have frequently discussed on this blog how the False Claims Act aims to prevent companies working for the federal government from providing inferior goods, overcharging, charging for work not performed, and providing kickbacks. If a whistleblower comes forward and reports occurrences of this sort of illegal behavior, the False Claims Act also provides explicit protection to them in the form of significant fines, double back pay, and other penalties for any retaliatory acts. One question that sometimes arises, however, is who can be a whistleblower. I wrote this blog post to cover a common question, specifically, whether a company can be a whistleblower.

If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

Can a Subcontracting Company Be a Whistleblower Under the False Claims Act?

In 2009, the U.S. Congress made updates to the False Claims Act to include “contractors” and “agents” to the list of parties that can make a whistleblower claim under the False Claims Act.  The question arising from these changes was what do “contractor” and “agent” mean? A recent federal court case suggests that a corporation can be a whistleblower as well, not just an individual.

In this case, Munson Hardisty LLC v. Legacy Pointe Apartments, Munson Hardisty—a corporation and subcontractor of Legacy Pointe—exposed that Legacy Pointe was defrauding the U.S. Department of Housing and Urban Development (HUD). Specifically, Legacy Pointe reorganized its corporation and corporate filing so that it could apply for HUD financing for a construction project. Previously, Legacy Pointe had been barred from applying for HUD financing.  Munson Hardisty withdrew as a partner in the enterprise when it learned of Legacy Pointe’s malfeasance. In retaliation, Legacy Pointe refused to pay Munson Hardisty for over $2 million in work performed. Munson Hardisty sued as a whistleblower, claiming that the False Claims Acts retaliation protections should cover it.  The federal court agreed with Munson Hardisty, holding that the corporation fell within the precise meaning of the word “contractor” even though it was not a person doing the contracting.  As a result, the court found that the retaliation provisions of the False Claims Act applied to Munson Hardisty as a corporation.  They received the money due to them plus costs and fees. I am sure this case will be appealed, and it will be interesting to see if the appellate courts uphold this holding.

This case represents a welcome expansion of the False Claims Act and is one that makes a lot of sense. The False Claims Act’s goal is to protect the federal government from fraudulent activities—it shouldn’t matter who or what reports the fraud.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower case regarding fraud occurring against the federal government?  The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

/by

Experienced Mississippi Whistleblower Discusses Federal Railroad Safety Act Whistleblower Law

The Federal Railroad Safety Act (FRSA) protects workers who report violations of federal railroad safety laws or refuse to work in dangerous conditions. I will describe this program in detail below, but in a nutshell, it protects employees from retaliation and provides rewards to those who report unsafe conditions.  A recent case bolstered FRSA whistleblowers’ rights, and I wanted to provide an overview of the court’s holding for my clients here in Mississippi.

If you are considering becoming an FRSA whistleblower, or any other type of whistleblower, here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

The Federal Railroad Safety Act

Congress created the FRSA to address ongoing concerns about railway safety and to combat systemic retaliation against railroad workers who reported safety violations. Under the FRSA, railroad workers can attain significant awards for reporting unsafe practices, along with front and back pay and reinstatement, and also receive protections for retaliation.

What Sort of Conduct is Protected Under the FRSA?

The FRSA protects employees who: File safety complaints under the FRSA; Cooperates with a safety or security investigation; Refuses to violate federal law or regulation related to railway safety; Accurately reports work hours; Provides information about any railway safety investigation.

To prove retaliation, all the FRSA whistleblower must do is show that his or her lawful, protected behavior was a “contributing factor” in the employer’s decision to take adverse employment action.  That means that there could be many factors that combined resulted in an employee’s discipline—he or she could have been late several times, could have missed a safety meeting, and also could have provided information to NTSB investigators.  So long as the employee’s giving information to NTSB was one factor in the employer’s decision-making regarding discipline, then the decision itself is retaliation. In short, one bad apple ruins the whole bunch.

Recently, the U.S. Ninth Circuit of Appeals upheld the “contributing factor” standard in a case, Frost v. BNSF Railway Co.  Frost filed a legitimate safety report but also had safety allegations leveled against him.  The employer BNSF argued that because it had an “honest belief” that Frost had violated safety rules regarding entering the tracks without appropriate clearance, it had the right to take adverse employment action against him.  The lower court agreed with BNSF.  On appeal, the Ninth Circuit held that the “contributing factor” test still applied and that it did not matter that BNSF also had concerns about his adherence to safety rules. Because his filing a safety report was a “contributing factor” to BNSF’s decision, adverse action against Frost was retaliatory. This is welcome news for FRSA whistleblowers, and I have attached the full Ninth Circuit Case below.

What Should You Do if You are Considering an FRSA Whistleblower Claim?

Have you been fired from or disciplined at your railroad job because of safety concerns you raised? The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered as a result of your report, reinstatement, back pay and front pay, and expenses, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. Careful pleading is key to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful FRSA whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

/by