On Monday, the Supreme Court issued its opinion in Schindler v. U.S. The case asked whether information obtained as a result of a FOIA request can be used to file a complaint under the False Claims Act. The False Claims Act, which exists to encourage whistle-blowing against companies that defraud the federal government, bars putative whistle-blowing that is based primarily upon publicly available information. The Supreme Court, in a 5-3 split, ruled Monday that for the purposes of the statute, information obtained as a result of a FOIA request constitutes a government report, meaning such information cannot be used as the basis of a lawsuit under the False Claims Act.
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