Slides

1. The Law of
Whistleblowing
Washington University – Fall 2014
class # 21

2. 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 & password
You’ll see: “Washington University Course
Evaluations Course Evaluation Menu”
Click on “Take course evaluations”
Identify the course by name & instructor
Click on “Take Eval”

3. 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

4. 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

5. Financial Incentives:
Honor Code Violations
a) $5.
b) $50.
c) $500.
d) $5,000.
e) $50,000.

6. Financial Incentives:
Honor Code Violations
a) $5.
b) $50.
c) $500.
d) $5,000.
e) $50,000.

9. False Claims Act
1863
1943 US ex rel Marcus v Hess
1986 Amendments

10. 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.
. . .

11. 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.
. . .

12. 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.
. . .

13. 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

14. “original source”
• has direct & independent
knowledge of information
• voluntarily provided the
information to government
before filing an action

15. US ex rel Holmes
v
Consumers Insurance Group
(10th Cir. 2003)

16. Reported to:
1.Her manager
2.Inspector General
3.Postal systems coordinator

17. Received:
$500