Wednesday, May 25, 2011

SCOTUS Continues To Strips Whistleblowers of Whistles

The relator approaches the court, on behalf of the United States, on a mission, fearful of those horrible tales of loosing every chance of hope of being made whole again.  Out of the darkness of the legal forest, lurking, are the public disclosure bars of "persons, administrative, reports". Oh my.

At any time, the Court will crush you using one of these "interpretive buttresses" snatched off the Magna Carta, to beat you down and make you and your children go back to the fields and pick tomatoes and lettuce.  (Well, that is the goal once all the anchor babies are cleaned out of the country to give these great jobs to hard working, cheaper laboring American children.)

First the Supreme Court of the United States (SCOTUS) says, "Even though all the other laws say a State is a person, we don't think so when it comes to States allowing federal programs to be ripped off under the False Claims Act because it would be too embarrassing for the us because we allowed the States to do whatever they wanted when we give them money, and besides, the States never had to be held to fraud standards before in federal contracts and the Congress was never clear in its intent for the States to be considered as 'persons'."

How dare some average person dare think they have the entitlement right to challenge us!  We are the great Supreme Court of the United States!  Poor people have no rights and definitely no right to sue and get rich.

SCOTUS False Claims Act Opinion of Justice Scalia

There was a lone dissent which believed States were intended by the Congress to be considered as "persons".
SCOTUS Stevens False Claims Act Dissent in Vermont Agency of Natural Resources v. U.S. ex rel. Stevensre

Then came another shaving of the qui tam when SCOTUS decided anything "administrative" fell under the "public disclosure bar" meaning any state or federal report, hearing, audit, or anything else as such are not allowed to be used by an original source.
Supreme Court of the United States GRAHAM COUNTY SOIL AND WATER CONSERVATION DISTRICT et al., Petitioners...

But wait, SCOTUS, as well as those whose corporations make substantial killings, literally, bilking Medicaid in child welfare, decided that anything requested through a Freedom of Information of Act request falls under the "public disclosure bar".

Let's pretend this actually happened:

I walk into the residential institution where my child incarcerated after being ripped from his bed in the middle of the night for no reason beyond child protective services and the police going to the wrong address, is being tortured and, with a fake smile I politely ask for his IEP.  They hand it to me and it states he is considered "ineligible" for special needs, institutionalization and does not need medication, yet he is locked up in solitary confinement, beaten, raped, tortured, drugged suffering multiple heart attacks, tardive dyskensia, attempted suicides, surviving from meals of dried bread and potatoes with no heat in the winter or air conditioning in the summer, with different dates of birth on the court reports submitted to the court because my child was under aged for the facility.

Then, I go the office of the clerk of the court and pull his child protective services case and find out they fabricated a story of a car crash that never took place and had a duplicate fake case as a juvenile delinquent and were not just double billing, but billing me as a juvenile delinquent, also.

So I go and file a FCA and the court says: "So sorry, those are public docs and therefore, the States can do whatever the fuck they want to do and there is nothing that will ever be done because we only cater to the rich."

Let's keep pretending this did not happen, either.
Supreme Court of the United States SCHINDLER ELEVATOR CORPORATION, Petitioner, v. UNITED STATES ex rel. Dan...

Being a whistleblower and reporting fraud is a right of free speech.  Verifying it through FOIA requests makes an original source the subject matter expert.  I dare anyone to challenge, publicly of course, my expertise in child welfare fraud, even SCOTUS.

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