On February 27, 2008, The Employment Law Group® law firm achieved a victory for a whistleblower who suffered retaliation because he opposed fraud on the government that he believed would endanger the lives of U.S. troops in Iraq. In a memorandum opinion, in Glynn v. EDO et al., No. JFM 07-1660 (D.Md. Feb. 27, 2008), Judge Motz rejected defendants’narrow construction of the False Claims Act, concluding that Glynn’s disclosures to senior management and to the Department of Defense Office of Inspector General about his former employer’s provision of allegedly malfunctioning military equipment to the government constitutes protected conduct.Yesudian ex rel. United States v. Howard University, 153 F.3d 731, 740 (D.C. Cir. 1998). In other words, the Rule 9(b) heightened pleading standard that applies to qui tam claims does not apply to retaliation claims under the False Claims Act.
Role of the False Claims Act in Combating Fraud Related to the War in Iraq
Congress originally enacted the False Claims Act in 1863 to deter war profiteering related to the Civil War. One hundred forty five years later, the False Claims Act remains a critical and necessary tool to punish contractors who defraud the U.S. government. Glynn’s disclosures concerning defective IED jammers highlights the need for the Department of Justice to prosecute unscrupulous contractors. More than 80 qui tam cases have been filed related to the War in Iraq, yet the Department of Justice has not intervened in one of those cases. Hopefully, this Administration will consider holding contractors accountable, rather than protecting them.
