On September 21, 2016, the U.S. Department of Justice (DOJ) filed a significant Statement of Interest in a pending False Claims Act case, clarifying how the Supreme Court’s decision in Escobar should be applied. The DOJ’s filing in U.S. ex rel. Williams v. City of Brockton, Civil Action No. 12-12193-IT (D. MA), offers a strong endorsement of whistleblower rights and rejects overly narrow interpretations of the materiality standard that would undermine qui tam lawsuits.
The DOJ told the court that Escobar does not require whistleblowers to prove misconduct was material in every possible way. Instead, the Department reaffirmed that alleged fraud is material if it has a natural tendency to influence the government’s decision to pay a claim. This stance directly counters the defense’s argument that only all-encompassing materiality should qualify—and marks a win for whistleblower lawsuits across the country.
By intervening in this case, the DOJ reinforced the legal foundation supporting qui tam lawsuits under the False Claims Act. The filing reaffirms that whistleblowers do not need to prove perfection in their claims to survive dismissal—they simply need to allege misconduct that could reasonably affect a government payment decision. This broader and fairer interpretation strengthens the ability of whistleblowers to hold fraudsters accountable.
See the entire Statement of Interest by clicking here.
If you have information about fraudulent practices, contact our office for a free, confidential consultation:
This article is for informational purposes only and should not be considered legal advice.
To determine whether you have a potential case, please complete the Case Evaluation form by clicking the button above, and a member of our team will contact you as soon as possible. To learn more about whistleblower protections, click here.
You don’t have to go it alone. Our attorneys have successfully represented whistleblowers in some of the largest fraud cases in the country, delivering real results while protecting our clients. Take the first step today.