A recent Washington Post story about a Department of Justice False Claims Act prosecutor should send chills down the spine of any citizen and should be a black eye for the federal government. Former DOJ attorney Jeffrey Wertkin was arrested for trying to tip off companies that were being secretly investigated based on whistleblower tips. His plan was to take on these companies as clients once he became a defense attorney in private practice.
As anyone who has considered making a whistleblower claim knows, there are tremendous risks involved. Having the DOJ—the attorneys sworn to prosecute these cases for the federal government—turn against you should not be one of those concerns. If you are a Mississippi whistleblower or think you may be, call Barrett Law now at (800) 707-9577.
As an attorney, Wertkin represented False Claims Act cases brought by the federal government after whistleblowers provided tips. As a result, he had access to secret files based on those tips against companies that were unaware of the government’s investigation and the whistleblowers working from within the companies. After prosecuting those cases for six years, he decided to leave the DOJ for a private law firm, Akin Gump Strauss Hauer & Feld. That transition, from prosecutor to defense attorney is not unusual, and the law, DOJ policy, and ethical rules would normally prohibit the attorney from ever working on a case in private practice that they had access to during their DOJ career.
What makes the Wertkin case particularly unusual is that he ignored the law, policies, and rules applying to ethical conduct and took a number of undisclosed, sealed investigations with him when he left the DOJ. He then, wearing a wig and fake mustache, engaged in a cloak and dagger scheme to tip off companies to their impending prosecution. His pitch to them was that he had inside information and could best represent them in his role as a partner at his new firm. Amazingly, he was caught in the act of trying to sell these secrets and admitted to his wrongdoing on the spot. In what is now seen as a tremendous lapse by law enforcement, he was then released, returned to his office at Akin Gump Strauss Hauer & Feld and destroyed evidence of his crimes.
Obviously, Wertkin was looking to bring in clients and make money off of them, and his greed brought him down. He will be sentenced in March 2018 and will likely serve several years in jail. His punishment is a small part of this puzzle, however.
Wertkin’s acts cast a long shadow over the DOJ, and raise questions about DOJ attorney conduct. For example, is this a unique case, or have other former DOJ attorneys engaged in a similar pattern of conduct in the past? How many other of Wertkin’s cases were corrupted as a result of this conduct? Most importantly, each of these cases was the product of a brave whistleblower who took tremendous risks in an effort to help the federal government end fraud. Those cases are now likely irreparably harmed and will not result in any reward for the whistleblower. Should Wertkin’s misdeeds deny those whistleblowers the rewards that they are due? Taking these questions together, it is clear that Wertkin’s behavior undermines public trust in the False Claims Act process specifically and whistleblower protection in general. What can and will the federal government due to rebuild that trust? Whistleblowers will only come forward if they have total confidence that the government will maintain their confidentiality.
What Should You Do if You are Considering a Whistleblower Claim?
Are you considering filing a whistleblower case? You will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes fraud. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive.
Call Barrett Law now at (800) 707-9577 if you think you may be an IRS whistleblower.
Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call us today.
