You find a lawyer who specializes in FCA qui tam cases, who then prepares and files the qui tam action in federal court under seal, and serves the Department of Justice a copy of the complaint and a comprehensive memorandum explaining the claim and the evidence that the whistleblower has. Say that you are an employee (or even a professor or administrator), and are privy to the school’s hush-hush communications on how it is going to “resist” the Trump administration and the Supreme Court by continuing their race preferences in admissions and hiring, and that the school’s administration is behind the effort. Were the Justice Department to give a full-throated public endorsement that it supports FCA qui tam suits against schools who collect federal funds but are determined to continue these discriminatory practices, the economic incentives created by the FCA (to say nothing of the ingenuity, tenacity, and resources of the business plaintiff’s bar) would likely put a stop to such practices in very short order.
Author: Louis K. Bonham
Published at: 2025-04-20 22:00:14
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