Clarity regarding Section 3730(h) essential to encourage whistleblowers.
The False Claims Act has gained a lot of importance in building a sense of accountability and early detection of fraud. Although the statute has had quite an impact in curbing fraud and generating false claim recoveries in billions of dollars, the ambiguity with regards to the scope of protection offered to the whistleblowers under Section 3730(h) of the False Claims Act is a glaring drawback.
Whistleblowers are faced with the fear of loss of employment, social seclusion, being blacklisted, and being closely monitored. They have a lot to lose than gain from the false claim lawsuits. The 2009 amendment that took away the “by his or her employer” phrase from section 3730(h)
The False Claims Act has gained a lot of importance in building a sense of accountability and early detection of fraud. Although the statute has had quite an impact in curbing fraud and generating false claim recoveries in billions of dollars, the ambiguity with regards to the scope of protection offered to the whistleblowers under Section 3730(h) of the False Claims Act is a glaring drawback.
Whistleblowers are faced with the fear of loss of employment, social seclusion, being blacklisted, and being closely monitored. They have a lot to lose than gain from the false claim lawsuits. The 2009 amendment that took away the “by his or her employer” phrase from section 3730(h)