The False Claims Act (the “FCA” or “Act”) prohibits the knowing presentation of a “false or fraudulent claim for payment or approval” to the federal government. 31 U.S.C. 3729(a)(1)(A). To assist the government in recovering losses from false claims, a person can bring a qui tam action on the government’s behalf, in exchange for a percentage of the losses recovered. Thus, it makes sense that the Act includes a provision designed to shield whistleblowers from retaliation “because of” conduct protected by the FCA. Under the FCA’s anti-retaliation provision, as amended, “[a]ny employee, contractor, or agent shall be entitled to relief necessary to make that [person] whole, if [she] is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under th[e] [Act] or other efforts to stop 1 or more violations of th[e] [Act].” 31 U.S.C. 3730(h)(1) (emphasis added). In light of this language, must a plaintiff allege that she put her employer on notice of the distinct possibility of an FCA action? Or does the statute also authorize a retaliation claim under circumstances where an employee takes action to prevent FCA violations? In United States ex rel. Ascolese v. Shoemaker Construction Company, No. 21-2899, slip op. (3d Cir. Nov. 30, 2022), the United States Court of Appeals for the Third...
Police have launched an investigation into alleged false accusation by Park Cheol-min, a former member of the Seongnam International Mafia. Park, ahead of the 2022 presidential election, raised al...