CQ POLITICS NEWS – LEGAL AFFAIRS
April 23, 2009 – 1:42 p.m.
Senate Refuses To Curb Whistleblower Awards in Fraud Cases
The Senate rejected a bid Thursday to impose new limits on whistleblower awards as it moved toward passage of legislation to beef up the government’s ability to combat financial fraud.
By 31-61, the Senate rejected an amendment by Jon Kyl , R-Ariz., that sought to set a $50 million maximum on the amount that a whistleblower could receive through a False Claims Act lawsuit to recoup taxpayer funds lost to fraud. Currently, awards can reach 30 percent of the total recovered for the federal government, if a judge approves that much.
Kyl said whistleblowers who pinpoint fraud by government contractors and other recipients of taxpayer funds “deserve to be compensated when they save the government money.” But he said the current percentage formula can result in some successful litigants being “grossly overcompensated.”
Senate Judiciary Chairman Patrick J. Leahy , D-Vt., sponsor of the antifraud bill, and Sen. Charles E. Grassley , R-Iowa, author of the 1986 False Claims Act provisions that reward citizens for suing on behalf of taxpayers, opposed Kyl’s effort to cap the awards.
The law, Leahy said, “is very well balanced the way it is, with a judge having to make a final decision on the award. ...I don’t want to fix something that’s not broken.”
Grassley said whistleblower suits under the False Claims Act have recovered $22 billion for the government since 1986.
The Senate was plowing through remaiining amendments to its broad antifraud bill with the aim of passing the legislation as early as Thursday afternoon.
The legislation would expand federal fraud laws to apply to the funds paid out under last fall’s financial bailout law and the economic stimulus package enacted this year, and to cover mortgage lenders not directly regulated or insured by the federal government.
The bill would authorize hiring more federal prosecutors, FBI agents and forensic analysts and would increase resources for other federal agencies, including the Secret Service and the Postal Inspection Service.




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