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What is the Department of Justice Doing About the Supreme Court’s Decision in Escobar? Supporting Whistleblowers

September 21, 2016

In a recent “Statement of Interest,” filed in a qui tam/False Claims Act case pending in Massachusetts, the U.S. Department of Justice has weighed in on what the Supreme Court’s decision in Escobar means in a way that is very favorable to whistleblowers.   In US Ex Rel. Williams v. City of Brockton, City of Brockton Police Department, Civil Action No. 12-12193-IT (D. MA September 9, 2016), the Department told the Court that Escobar did not make it harder for whistleblowers to pass muster on the important issue of whether the defendant’s alleged misconduct was “material” to the Government’s decision to pay the defendant’s claims for government funds.  The Department said the trial court had been wrong in dismissing the whistleblower’s case because the alleged misconduct was not material in every possible way (as argued by the defense), explaining that if the misconduct has a natural tendency to influence the payment decision in any way, then it is “material.”  See the entire Statement of Interest by clicking here.

If you are aware of misconduct involving government money in any federal or state program, contact our office to discuss it, free of charge. or (404) 842-1075, ext. 123.

This article was drafted by Wilbanks & Gouinlock, LLP and is intended for general informational and educational purposes only and should not be construed as legal advice

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Marlan Wilbanks, Esq.

Marlan Wilbanks

Marlan is currently acting as lead counsel in important qui tam cases that are filed in over 16 federal and state courts across the nation. He has handled whistleblower litigation matters against numerous individuals and large companies that have committed fraudulent acts against the government in federal courts and many state courts, including cases from California to Florida.

»Read Marlan’s Bio

Susan Gouinlock, Esq.

Susan Gouinlock

Susan S. Gouinlock has represented whistleblowers for more than ten years. Susan joined Wilbanks & Bridges in 2011 and became a partner in 2013. Her legal career has been successful and diverse, including a unique mixture of working for the government as a lawyer as well as years of representing individuals and businesses in highly regulated environments, including for example spending six (6) years as in-house general counsel to a major corporation.
»Read Susan’s Bio