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.
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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 (601) 790-1505.
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.