The Law of

Whistleblowing

Washington University – Fall 2014

class # 21

Directions

Go to evals.wustl.edu or WebStac (Internet Explorer preferred)

Click on “Click here to take and check course evals”Log in using WUSTL KEY login ID & passwordYou’ll see: “Washington University Course Evaluations Course Evaluation Menu”Click on “Take course evaluations”Identify the course by name & instructor Click on “Take Eval”

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