As I have explained before, the False Claims Act is quite an old law. It was signed into law by Abraham Lincoln to prevent war profiteers from supplying the Army with faulty goods during the Civil War. As the saying goes, “the more things change, the more they stay the same.” In March, a Japanese manufacturer, Toyobo, was fined $66 million for supplying federal, state, and local law enforcement agencies with bulletproof vests that degrade in heat and humidity. The degradation was so significant that the vests were rendered useless after prolonged use.
The U.S. Department of Justice announced the settlement, and particularly called attention to the whistleblower who brought the case to the government’s attention:
The settlement announced today resolves allegations filed in two lawsuits, one brought by the United States and the other filed by Aaron Westrick, Ph.D., a law enforcement officer formerly employed by Second Chance who is now a Criminal Justice professor at Lake Superior University. Dr Westrick’s lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in 2005 in Dr Westrick’s case. Dr Westrick will receive $5,775,000.
Dr Westrick is a true hero. A former law enforcement officer who had himself been shot in the chest, Dr Westrick eventually became Director for Research and Marketing at Second Chance Body Armor, a bulletproof vest manufacturer. When he tested the materials that Toyobo was supplying to Second Chance Body Armor, he found that the materials they provided had degraded to the point that they were ineffective at stopping bullets. Tragically, at least one police officer died while wearing a Second Chance Body Armor vest. Dr Westrick complained about the quality and unsafe nature of Toyobo’s materials but was ignored. He did not give up, however, and litigation ensued, including a False Claims Act case.
Whistleblowers often receive 15% to 30% of any recovery the government makes after prosecuting their case, and government contracts often run into the tens of millions of dollars, often making the whistleblowers’ rewards quite significant. Here, it is unknown why Dr. Westrick settled for “only” $5.7 million, but that amount is still significant. The False Claims Act’s rich bounty program and robust legal prohibitions against retaliation are aimed at enticing employees with insider information regarding fraud to take the risk of reporting it to the government.
What Should You Do if You are Considering a Whistleblower Claim?
Are you aware of fraud being committed against the government? Are you considering filing a whistleblower case? The reward for submitting a successful claim can be massive. In the matter that I described above, the whistleblower will receive $5.7 million. You can only win this sort of reward with the help of an experienced False Claims Act attorney. The United States 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. Call Barrett Law now at (800) 707-9577 if you think you may have a successful whistleblower.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act 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.
