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.
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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