'''Mission 8: Whistle Blower traps - jobs C-3567k"
The trap = 'blow'/sabotage the whistleblower's case
The trap has to do with the pausing of the running of statute of limitations….
Here's how it works…
Private attorneys brainwash the whistleblower to RACE TO THE COURTHOUSE
"So there is, literally, a race to the courthouse. The first whistleblower wins the race and prevents later qui tam plaintiffs from being successful in bring a lawsuit."
https://definitions.uslegal.com/r/race-to-the-courthouse/
http://www.jameshoyer.com/a-race-to-the-courthouse-why-being-first-matters-in-qui-tam-cases/
https://lawreview.law.lsu.edu/2014/10/23/lose-the-race-to-the-courthouse-and-a-good-deed-done-shall-be-your-only-reward-fifth-circuit-bars-recovery-for-whistleblowers-in-qui-tam-suit/
"""The statute doesn't say it's a race to the courthouse!'''
The statute does say this…
31 USC 3731(c)
For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
The Statute of Limitations is this…
31 USC 3731(b) and is being challenged at SCOTUS right now
A civil action under section 3730 may not be brought—
(1) more than 6 years after the date on which the violation of section 3729 is committed, or
(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
https://www.scotusblog.com/case-files/cases/cochise-consultancy-inc-v-united-states-ex-rel-hunt/
Layman's terms
Whistleblower turns in a pre-disclosure package to DOJ and WAITS while the DOJ investigates. DO NOT RACE TO THE COURTHOUSE - JUST WAIT
During this waiting period the statute of limitations is paused and the perps may even be continuing their violations which means these later violations will start the clock on the statute of limitations
How the 'TRAP' works
The TRAP is get the whistleblower to RACE TO THE COURTHOUSE AND FILE THEIR COMPLAINT
The statute of limitations clock starts running the minute it is filed.
TRAP ties the DOJs hands
This TRAP ties the DOJs hands with regards to the investigation. They'd be much better off just getting the whistleblower predisclosure pkg and be allowed to investigate quietly.
I believe this TRAP is what William Barr did not like about the False Claims Act
From Barr's memo
"The Office of Legal Counsel, the Civil Division, and the former Office of Legal Policy all agree that
the qui tam provisions in the False Claims Act are unconstitutional. We believe they violate the Appointments Clause,
infringe on the President's core Article II authority to execute the law, and violate Article III standing doctrine. The
Civil Division would like to enter an appropriate case and, either as amicus or by intervention, present the Executive
Branch's arguments against the constitutionality of qui tam. The Solicitor General argues that we should intervene in
district court to support the constitutionality of qui tam."
https://www.friedfrank.com/files/QTam/barmemo.pdf