I want to provide an overview of a recent appeal to come out of the Ninth Circuit Court of Appeals. The case Wadler v. Bio-Rad is an important decision because it underscores that in-house counsel, attorneys, compliance officers, and internal auditors are often the first to recognize illegal activities and can become whistleblowers. Sanford Wadler, Bio-Rad’s former in-house counsel, won $11 million as a result of his whistleblowing under the Foreign Corrupt Practices Act, a judgment that was largely upheld by the court of appeals. I have attached a link to the U.S. Department of Justice’s Foreign Corrupt Practices Act webpage below.
If you are considering becoming a Foreign Corrupt Practices Act 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 (601) 790-1505 to attain the guidance you require.
The Foreign Corrupt Practices Act
The Foreign Corrupt Practice Act (FCPA) makes it illegal to pay kickbacks and bribes to foreign government officials in an attempt to curry favor and obtain business contracts. The FCPA makes it illegal to use any mail, phones, or internet to offer money or anything else to a foreign official to secure business. Importantly to our discussion below, the FCPA includes aggressive whistleblower protection provisions that prohibit any retaliation or adverse employment action against a person that raises concerns related to compliance with the FCPA.
The Bio-Rad Case
Sanford Wadler had worked for Bio-Rad for 25 years as an in-house counsel. By all accounts, he was an exceptional employee, yet he was fired when he raised concerns that Bio-Rad employees in China were paying bribes to Chinese government officials in an effort to secure business. One thing to keep in mind regarding whistleblowing for in-house counsel and attorneys—the whistleblower provisions in the FCPA, the False Claims Act, and other whistleblower laws trump attorney-client privilege. This means that an attorney whistleblower can reveal client confidences as they pertain to efforts to defraud the government.
Mr. Wadler sued Bio-Rad under the FCPA’s whistleblower provision and was awarded $11 million because of the retaliation he suffered. Bio-Rad appealed, but the Ninth Circuit court of appeals upheld almost the entire judgment and award. Mr. Wadler’s case took nearly five years to resolve, illustrating the difficult path most whistleblower cases have to resolution. That said, his reward was substantial, also demonstrating the significant compensation awaiting those willing to stick to their principles.
What Should You Do if You are Considering an FCPA Whistleblower Claim?
Are you aware of bribes being paid to foreign government officials in an effort to secure or keep business? As the Bio-Rad case illustrates, attorneys and compliance officers can reveal corruption and reap substantial rewards as a result. While the reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, 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 (601) 790-1505.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful FCPA 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.
