Qui tam case stymied

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 11, 2020 10:19 AM

It would be nice to be able to use online records and documents demanded under the Freedom of Information and Open Meetings Acts to figure out whether a company is potentially liable for an alleged violation of the Illinois False Claims Act, but the qui tam complaint Kurt Wilke and Sam Xanders pursued against Ameresco Inc. shows that the “public disclosure bar” is a high hurdle for relators who hope to take this route.Wilke and Xanders thought that Ameresco violated the False Claims Act (referred to as the FCA or “the act” …

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