The United States has a new Attorney General, William Barr. After eroding former U.S. AG Jeff Session’s authority to the point that he was more the butt of a joke than the nation’s top law enforcement official, President Trump nominated Barr, President George H.W. Bush’s former AG. Barr was confirmed in January, meaning that he now has the job.
You may be wondering why I am focusing so closely on Barr. Remember that whistleblower cases, whether they are filed under the False Claims Act, the IRS Whistleblower Law, or Dodd-Frank are all creatures of federal law. In particular, the False Claims Act, a 150-year-old law written to prevent war profiteering, must be prosecuted by the U.S. Department of Justice. Barr is now the head of that department. In the past, when he was an Assistant U.S. Attorney General, Barr argued that the False Claims Act’s whistleblower provisions were unconstitutional and called them an “abomination.” That is deeply troubling, given the tremendous amount of fraud that the False Claims Act has prevented and caught since the Civil War.
If you live in Mississippi and are aware of fraud occurring against the federal government, you should consider becoming a whistleblower. To attain the advice you will need to meet success, you will need the help of an experienced whistleblower attorney. Contact Barrett Law now at (601) 790-1505 to attain the required guidance.
Why Barr’s Appointment is Troublesome
Back in 1989, then Assistant AG Barr wrote a substantial memorandum arguing that the False Claims Act’s whistleblower provision unconstitutional. In his memo, Barr argued that the DOJ should push the courts to invalidate it. This was an internal memorandum, but it eventually leaked to the press in 1993. Perhaps most disturbing is his argument that whistleblowers were “inter¬ested only in money, not in the faithful execution of the laws.” That is an extremely troubling sentiment, as whistleblowers take tremendous risks to expose violations of the law. Accordingly, to characterize them as the villain is to distort reality completely.
The reality is that the U.S. Department of Justice acts as a check on any illegitimate False Claims Act case. These cases are routinely taken over by the DOJ once a whistleblower files them and the agency has the power to dismiss claims outright. In fact, the DOJ just urged the federal courts to dismiss over a dozen allegedly fraudulent whistleblower cases, aptly demonstrating their ability to separate the legitimate from the illegitimate cases. Finally, authority to review and approve whistleblower settlements rests with the DOJ, preventing any unjust enrichment of whistleblowers.
In his confirmation hearing, AG Barr stated under oath that he would take no action as AG to undermine U.S. whistleblower laws. I will take him at his word. Regardless, the years that have followed his arguments against the False Claim Act’s whistleblower provision have only seen the law strengthened. Courts have reviewed several challenges to the constitutionality of the whistleblower provision, and all have found it to be constitutional, including the U.S. Supreme Court. Because law is built on precedent—each court decision must be based on those that came before it—I am confident, regardless of what any AG says, that the False Claims Act’s whistleblower provisions are here to stay.
What Should You Do if You are Considering a Whistleblower Claim?
Are you considering filing a whistleblower case regarding falsification of government contracts or services? The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but you will only reap this sort of award with the help of an experienced whistleblower attorney. The United States Department of Justice gets 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 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.
