William Barr Attorney General nominee William Barr this morning committed to “diligently uphold” the False Claims Act during a Senate Judiciary Committee hearing on his nomination.

Under questioning from Sen. Chuck Grassley, Barr said the constitutionality of the law has been upheld by the Supreme Court.

Grassley asked: “If confirmed do you commit to not take action to undermine the False Claims Act? Further if confirmed will you continue Justice department staff and funding levels to to properly pursue and and prosecute cases under the FCA?”

Barr: “Yes, I will diligently enforce the False Claims Act.”


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In a memo dated January 29, 2018, Attorney General Jeff Sessions instructed Department of Justice (DOJ) heads to not communicate with “senators, representatives, congressional committees, or congressional staff” without first consulting with the DOJ Office of Legislative Affairs (OLA).

Senator Chuck Grassley (R-IA), a long-time advocate for whistleblower rights, has expressed his concern regarding the legality of the Attorney Sessions’ memo. In his response letter, Grassley writes that the memo “does not appear to comply with existing law.” In particular, it infringes on the rights of DOJ employees to “make protected disclosures directly to Congress.”


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Washington, D.C. November 15, 2017. Senator Charles Grassley (R-IA) has put forth two amendments to the Tax Cuts and Jobs Bill that are important to whistleblowers.

The major amendment addresses an issue that has been the subject of previous posts, defining the term “collected proceeds” in I.R.C. section 7623(b).  The IRS and Department of Justice have taken the position whistleblowers who report criminal tax frauds, such as the numerous crimes committed by the largest Swiss banks, cannot obtain a whistleblower reward. They have argued that whistleblower rewards should not be paid on any criminal fines.
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Senator Sessions: “It’s not acceptable to retaliate against a whistleblower.”

Washington, D.C. January 12, 2017. The U.S. Department of Justice manages many of America’s most important whistleblower programs, including the False Claims Act (“FCA”) anti-fraud law. The Senate Judiciary Committee’s confirmation hearing of  of President-Elect Trump’s nominee for Attorney General began on Tuesday. Sen. Chuck Grassley, Chairman of the Committee and long-time advocate of whistleblower rights, asked Sen. Jeff Sessions to confirm, on the record, his commitment to encouraging whistleblowers to step forward and to aggressively pursue fraud cases under the FCA.

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Washington, D.C. October 27, 2016.  Today marks the 30th Anniversary of the 1986 amendments to the federal False Claims Act (FCA). Since these amendments were passed, the FCA has proven to be the most effective anti-fraud law in the United States, recovering over $48 billion from those who defrauded the U.S. government.
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National Whistleblower Appreciation Day Resolution Passes by Unanimous Consent

Washington, D.C. July 8, 2016. Yesterday, U.S. Senate unanimously passed S.Res.522, designating July 30, 2016 as National Whistleblower Appreciation Day.

The resolution encourages all federal agencies to inform “employees, contractors working on behalf of United States taxpayers, and members of the public about the legal rights of citizens of the United States to ‘blow the whistle’ by honest and good faith reporting of misconduct, fraud, misdemeanors, or other crimes to the appropriate authorities.”  The resolution also acknowledges the contributions whistleblowers have made, at their own personal risk, “combating waste, fraud, abuse.”
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Washington, D.C. June 30, 2016. The bipartisan Senate Whistleblower Protection Caucus cosponsored a resolution on Thursday designating July 30, 2016 as National Whistleblower Appreciation Day. This resolution was introduced in order to recognize the crucial role whistleblowers play in exposing fraud and wrongdoing, and to encourage federal agencies to acknowledge the legal rights of whistleblowers.

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