On January 24, the U.S. Supreme Court declined to review a decision from the 6th U.S. Circuit Court of Appeals which ruled that the anti-retaliation protections of False Claims Act (FCA) apply to former employees. The Supreme Court’s decision to not review the case means that it will not resolve a split among federal appeals courts over the issue.
In contrast to the 6th Circuit ruling, a 2018 ruling by the 10th U.S. Circuit Court of Appeals held that the anti-retaliation protections of the FCA do not apply to former employees. The Supreme Court’s inaction on the matter leaves uncertainty around the issue.
The FCA is, according to the U.S. Assistant Attorney General, “the most powerful tool the American people have to protect the government from fraud.” The FCA allows whistleblowers to pursue legal action against fraudulent companies on behalf of the U.S. government. If the whistleblower’s qui tam suit is successful, they receive a portion of the monetary sanctions levied against the government. In addition to the qui tam provisions, one of the most vital aspects of the FCA is its anti-retaliation provisions. The FCA protects whistleblowers from being “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against” in retaliation for reporting suspected fraud to the U.S government.
The 10th Circuit ruling concerned whistleblower Debbi Potts, a former campus director for the Center for Excellence in Higher Education. Potts came to believe...
Two men who allegedly made false claims that some preachers had caused their genitals to disappear have been arrested and are expected to be arraigned in court on Monday. The incident, which occur...