• Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
Whistleblower Network News
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home False Claims-Qui Tam

Justice Department’s First Public Statement on Supreme Court’s Unanimous Escobar Decision Slams Toyobo’s “Half-Truths” in Pending False Claims Act Whistleblower Suit

Mary Jane WilmothbyMary Jane Wilmoth
June 22, 2016
in False Claims-Qui Tam, News
Reading Time: 3 mins read
Justice Department’s First Public Statement on Supreme Court’s Unanimous Escobar Decision Slams Toyobo’s “Half-Truths” in Pending False Claims Act Whistleblower Suit
Share on TwitterShare on FacebookShare on LinkedInEmail

Washington, D.C. June 22, 2016 – Today, the U.S. Department of Justice filed a Notice of Supplemental Authority in a pending False Claims Act case, U.S. ex rel. Westrick v. Second Chance Body Armor, et al., No. 04-0280 (D.D.C.), setting forth the DOJ’s official position on the impact of the Supreme Court’s unanimous decision announced last week in Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. ___, slip op. No. 15-7 (June 16, 2016). In its filing today, the DOJ argues that the Supreme Court’s unanimous decision in Escobar discussion that a contractor’s “misleading half-truths” to the government “unequivocally supports the United States’ argument” in the Westrick case that Toyobo Co. Lt. and Toyobo America, Inc. (collectively Toyobo) “had a legal duty to disclose” its knowledge that the degradation of Zylon bullet-proof vests that it sold to the government “contradicted Toyobo’s misrepresentations about the superiority” of those vests.

Stephen M. Kohn and David K Colapinto who together with Michael D. Kohn filed an amicus brief in Escobar on behalf of the National Whistleblower Center, also represent Dr. Aaron Westrick, the whistleblower in the Westrick case.

The Supreme Court’s unanimous decision in Escobar in favor of a whistleblower was widely reported last week and has been the subject of many blog posts on both sides of the issue. We reported that that this 8-0 decision was a “big win for whistleblowers.” See Nataleigh Kohn, “Big Win for Whistleblowers at Supreme Court” (June 16, 2016).

Support Whistleblower Network News

In its unanimous Escobar decision the Supreme Court rejected arguments raised by the healthcare industry, the U.S. Chamber of Commerce and numerous business groups, that the False Claims Act only prohibited fraud that was “expressly designated” as a “condition of payment.” They had argued that the government should pay bills submitted by unlicensed and unqualified “doctors” even though their misconduct resulted in the death of a child.

The DOJ’s notice of supplemental authority filed in the Westrick case is the first public statement by DOJ on the applicability of the Escobar ruling in a pending False Claims Act case.

DOJ’s position is also consistent with the public statement issued by Senator Chuck Grassley (the principal author of the modern False Claims Act) late last week in reaction to the Supreme Court’s Escobar decision, in which he stated, “It goes without saying that a lie of omission is still a lie.” Senator Grassley also echoed what DOJ is stating today, by commenting that the Escobar ruling “makes clear that entities that knowingly mislead the government through half-truths and lies of omission when conducting business run afoul of the False Claims Act.” Senator Grassley also filed an amicus brief in the Escobar case.

This is the first in a series of blog posts that will examine the impact of the Supreme Court’s 8-0 decision in favor of the whistleblower in Escobar.

Tags: Department of JusticeFalse Claims/Qui TamSen. Charles GrassleySupreme Court
Previous Post

National Whistleblower Center and World Bank Meet to Discuss Plans to Protect Wildlife Whistleblowers

Next Post

KKC Partner Stephen Kohn and World Bank Meet to Discuss Plans to Protect Wildlife Whistleblowers

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).

Next Post

KKC Partner Stephen Kohn and World Bank Meet to Discuss Plans to Protect Wildlife Whistleblowers

Please login to join discussion

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

Change the Culture, Make National Whistleblower Day Permanent

Tell President Biden to “Finish the Job” for Whistleblowers

Whistleblower Advocates See Parallels to Enron in Silicon Valley Bank Collapse

Whistleblower Jóhannes Stefánsson Plans to Testify at Fishrot Trial in Namibia

WNN Exclusive Interview with Social Security Whistleblowers Sarah Carver and Jennifer Griffith — Part 1

Whistleblower Raised Concerns of Rodents, Spiders in Kitchen of Childcare Facility, Then Fired; OSHA Rules They Were Retaliated Against

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate
  • Careers

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • The Whistleblowers Handbook
  • Frequently Asked Questions
  • Advertise
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2021, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • Resources for Locating An Attorney
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’23

Copyright © 2020, Whistleblower Network News. All Rights Reserved.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN

Add New Playlist

Go to mobile version