A False Claims Act whistleblower lawsuit was recently discredited by defendant KBR Inc., which argued that the lawsuit’s accusations simply “second-guess” its business practices.

The former KBR employee acting as the whistleblower for this case, alleges that KBR took kickbacks from a Jordanian subcontractor during the Iraq War, yet KBR claims he does not give enough evidence in the lawsuit.

KBR insists that whistleblower Harry B. has instead of providing proof, shown only a “hodge-podge of procurement issues and purported irregularities.” The company claims that there is no real proof that KBR employees took the alleged kickbacks from the Jordanian subcontractor Daoud & Partners Co.

Ultimately, the company says that what the whistleblower has provided doesn’t do much more than decry business practices Harry just doesn’t like.

“Such second-guessing does not give rise to FCA liability,” KBR said.

This whistleblower lawsuit has been dragging on for quite some time. The FCA whistleblower lawsuit was first filed by Harry in 2005. He claimed that D&P prepared inflated bills, which KBR passed to the Pentagon under the Logistics Civil Augmentation Program in exchange for kickbacks to employees of KBR.

Nine years later, in February 2014, KBR requested that the court simply dismiss the case. The company argued that Harry did not successfully back up his claims of fraud.

In late 2015, Harry brought several examples of the alleged fraud to court. The parties have yet to settle over this evidence.

According to KBR, “Attempting to resuscitate this privilege battle, relator now asks this court to infer that KBR’s internal investigation substantiated the fraud alleged in the hearsay tips, because KBR refuses to waive its privilege over the reports containing its investigative conclusions.”

An attorney connected with Harry recently said in a statement (in response to KBR’s most recent brief) that “their arguments are old and not worth the paper they’re printed on, and that “KBR knows they engaged in fraud and it’s time they acted responsibly.”

Whistleblower Lawsuits

Whistleblowers are individuals who report the fraud and illegal activities against the government of their current or former employers. While a person considering becoming a whistleblower may be worried that they will get in trouble for their actions, the whistleblower is typically given a substantial reward – often between 15 and 30 percent of the money recovered in the subsequent whistleblower lawsuit. In many cases, whistleblowers end up receiving millions.

Many employees choose to come forward as whistleblowers because they do not feel right about their employer’s actions. A whistleblower lawsuit can be filed while working at the company, but can also be filed after having left the company.

If you believe you have witnessed some kind of fraud by your current or former employer, you may be able to file a whistleblower lawsuit (also known as a qui tam lawsuit) against your employer on behalf of the government.

The FCA Whistleblower Lawsuit is Case No. 1:05-CV-1276 in the U.S. District Court for the District of Columbia.