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False Claims Act Used to Enforce Environmental Safety Standards

Mary Jane WilmothbyMary Jane Wilmoth
January 20, 2015
in Corporate, False Claims-Qui Tam, News
Reading Time: 3 mins read
False Claims Act Used to Enforce Environmental Safety Standards
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This past Friday the Houston Chronicle published an important article regarding allegations that DuPont let poisonous gas leak continuously from a plant near New Orleans for three years. The article, “Whistleblower case raises more safety concerns about DuPont,” details a novel approach to enforce environmental standards using the False Claims Act (FCA).

The plaintiff in U.S. ex rel Simoneaux v. E.I. DuPont de Nemours and Co., Civ. No. 12-129-SDD-SCR is attempting to prove his case in what experts describe as an unusual and potentially ground-breaking use of the False Claims Act FCA), claiming DuPont did not report environmental issues at the plant to avoid fines from the federal government. 

The False Claims Act should be expanded beyond claims of Medicaid fraud or the narrow federal contract claims. The FCA is the most successful tool in uncovering fraud and protecting whistleblowers. It is important to carefully determine whether a violation, which on its face does not appear to implicate contract fraud, is still covered under the law.

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“Plaintiffs should be able to use the FCA as a method to enforce important environmental heath and safety standards,” according to Stephen M. Kohn, Executive Director of the National Whistleblower Center and author of The Whistleblower’s Handbook: A Step-by-Step Guide to Doing What’s Right and Protecting Yourself (Lyons Press, 3rd. ed. 2013). “The same hammer the FCA gives whistleblowers seeking to expose defense-contracting fraud and pharmaceutical fraud should also be used against corporations who violate environmental safety standards to increase profits at the public’s expense,” Kohn added.

Related Links:

  • Whistleblower case raises more safety concerns about DuPont
  • FCA Complaint against DuPont
  • Amended FCA Complaint against DuPont
  • DuPont’s Answer to FCA Complaint
  • USA Motion to File Statement of Interest
  • Order Motion to File Statement of Interest Denied
  • Video of Leaks
Tags: Corporate WhistleblowersEnvironmental WhistleblowersFalse Claims/Qui Tam
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Mary Jane Wilmoth

Mary Jane Wilmoth

Mary Jane Wilmoth is the publisher of Whistleblower Network News, where she heads the editorial staff. She writes about breaking whistleblower news, and False Claims Act whistleblowers, SEC whistleblowers, IRS whistleblowers, FCPA whistleblowers, and CFTC whistleblowers. Mary Jane is the managing partner at the whistleblower law firm Kohn, Kohn & Colapinto, and a frequent contributor to The Whistleblower and Qui Tam Blog. She is a licensed attorney in the District of Columbia and a graduate of the University of New Hampshire School of Law (formerly Franklin Pierce Law Center).

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