Post on 25-Jun-2015
description
transcript
The Law of
Whistleblowing
Washington University – Fall 2014
class # 21
Directions
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Ways the Law Encourages Wg
1. Require Wg
2. Prohibit retaliation against Ws
3. Compensate Ws who experience retaliation
4. Require / encourage organizations to facilitate Wg
5. Provide financial incentives to Ws
Ways the Law Encourages Wg
1. Require Wg
2. Prohibit retaliation against Ws
3. Compensate Ws who experience retaliation
4. Require / encourage organizations to facilitate Wg
5. Provide financial incentives to Ws
Financial Incentives: Honor Code Violations
a) $5.
b) $50.
c) $500.
d) $5,000.
e) $50,000.
Financial Incentives: Honor Code Violations
a) $5.
b) $50.
c) $500.
d) $5,000.
e) $50,000.
False Claims Act
1863
1943 US ex rel Marcus v Hess
1986 Amendments
31 USC § 3730. . .(b) Actions by private persons. (1) A person may bring a civil action for violation of [31 USC] Section 3729 for the person and for the United States Government. . . .
31 USC § 3730. . .(b) Actions by private persons. (1) A person may bring a civil action for violation of [31 USC] Section 3729 for the person and for the United States Government. . . .
31 USC § 3730. . .(b) Actions by private persons. (1) A person may bring a civil action for violation of [31 USC] Section 3729 for the person and for the United States Government. . . .
31 USC § 3730(e)1) between members of Armed Forces
2) against member oåf Congress, judiciary or senior executive branch • -- if info is known to government
3) is subject of Govt’s civil suit / admin. proceeding
4) publicly disclosed • – unless brought by DOJ or original source
“original source”• has direct & independent
knowledge of information
• voluntarily provided the information to government before filing an action
US ex rel Holmes v
Consumers Insurance Group(10th Cir. 2003)
Reported to:
1.Her manager
2.Inspector General
3.Postal systems coordinator
Received:
$500