Washington Post editorializes against Schindler Elevator decision

by Ben Vernia | May 22nd, 2011

In a May 22 editorial, the Washington Post argued for a Congressional fix to the False Claims Act in light of the Supreme Court’s decision that FOIA reports can trigger the Act’s public disclosure bar. The paper concluded:

What does not make sense is the court’s decision to label administrative forms filled out by the suspect company as “reports” even though they contained only raw information that had not been audited, analyzed or investigated by the government or any outside entity. The decision could prevent legitimate whistleblowers from moving forward with their cases. Corporate insiders are often essential in ferreting out fraudulent contracting practices.

Lawmakers should take up the exhortations of dissenting Justice Ruth Bader Ginsburg and rewrite the False Claims Act to ensure that public records requests such as Mr. Kirk’s do not undermine the efforts of legitimate whistleblowers.

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