Welcome to the first post of my new blog, The Bid Rigging Whistleblower. I have published numerous posts on my other blog, Cartel Capers, that relate to whistleblowing on government contracts that have been rigged. I’ve also posted on what I believe is a pressing public policy issue; the need for a criminal antitrust whistleblower statute. While it currently is possible for a whistleblower (“Relator”) to file a False Claims case (qui tam case) alleging that a government contract has been rigged; it would be transformative if a whistleblower could simply supply actionable evidence to the Antitrust Division that led to a damage recovery for the government that the whistleblower would share in.
Because this is a recurring interest of mine (perhaps an obsession) I thought it would be useful to establish a separate blog on the subject. It gives me a place to collect all the relevant information, both articles I’ve written and third-party posts, that relate to the subject. I would really love to see the Antitrust Division develop a robust criminal enforcement program with government contract collusion being a significant part of the overall criminal enforcement priorities.
I will start this blog by posting an article I co-authored with a friend and former colleague, Kimberly Justice. Kim and I both worked together in the Antitrust Division’s Philadelphia Field Office. The title of the article is “It’s a Crime There Isn’t A Criminal Antitrust Whistleblower Statute.” The article discusses the tremendous success of the SEC whistleblower legislation and why there should be similar criminal antitrust whistleblower legislation.
I also recently had published on Law 360 an article entitled,“DOJ Should Encourage the Bid-Rigging Whistleblower.” This article discusses how to be a bid rigging whistleblower and how I believe the Antitrust Division could better support and encourage whistleblowers. (I’ll send you a copy if you are not a Law 360 subscriber.)
I hope this blog becomes a resource to encourage credible whistleblower complaints of bid rigging on federal state and local contracts. I also hope it can spur development of further interest in whistleblowers by the Antitrust Division, Department of Justice, including supporting legislation for a criminal antitrust whistleblower statute that would mirror the whistleblowing procedures of the SEC, CFTC, IRS and other government agencies. I welcome comments, questions and guest posts.
Thanks for reading. Bob Connolly