Last week federal courts issued two Great Relator’s Share Decisions. In an appellate case, the 8th Circuit Court of Appeals held that two Whistleblowers were entitled to a significant percentage of recoveries that the federal government tried to keep them from receiving. The government had tried unsuccessfully to minimize the whistleblowers’ contributions after recovering $48 million through their assistance. The appellate court was not having any of it (even citing an earlier opinion where the court called the government “disingenuous”) and awarded the whistleblowers more than $8 million. See US ex rel. Rille v. PricewaterhouseCoopers LLP, No. 11-3514 (8th Cir. April 10, 2014).
And in a district court decision, the District Court for the Eastern District of Missouri, awarded the Whistleblower 19% of the amount the federal government had recovered from a settlement of the whistleblower’s case. The government took the position that the whistleblower should only get the absolute minimum allowed, namely, 15%. After considering all the pro’s and con’s of the whistleblower’s contribution and conduct, the court said that 19% was an appropriate award. See US ex rel. Peterson v. Sanborn Map Co., No. 4:11CV000902, E.D. Mo. April 10, 2014.
Regrettably, as in these cases, many Whistleblowers end up having to fight the government for their rightful share of a relator’s award. Fortunately, it seems that most of the time the courts tend to rule in favor of the whistleblowers and against the government. Relators and Whistleblower Attorneys can all look forward to the day when the government decides it is wiser to use its litigation resources to fight the fraudsters rather than the whistleblowers who sacrifice so much in aiding the government.
