Mark Law Firm Blog

U.S. High Court Rules In Whistleblower Case Concerning FOIA

Posted by Jamison Mark on May 8, 2014 1:21:00 PM
New Jersey Attorneys

The Supreme Court issued a decision recently finding that a private party that uncovers corporate fraud against the federal government as a result of a FOIA (Freedom of Information Act) request cannot obtain a court award on behalf of the federal government due to the False Claims Act (FCA) exceptions for "public disclosures." The FCA allows a private party to sue on behalf of the United States and be awarded a portion of any recovery the government receives from the lawsuit when the party uncovers fraud against the federal government. However, the statute prevents courts from hearing a case if the lawsuit is based upon one of several types of public disclosures, including information in a government "report." The Supreme Court's holding finds that a FOIA request is a type of "report" under the FCA. This decisions makes it more difficult for whistleblowers to use FOIA as a tool to challenge misuse of public money by contractors.

Mark Law Firm, Lawyers handling employment matters in Bedminster and Raritan, Somerset County, New Jersey. If you would like more information about this case, please contact Mark Law Firm, your employment law attorneys in Bedminster and Raritan, New Jersey. For a consultation, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.

Topics: Whistleblower Protection