222.12 sec. 1 - Whistleblower Law: Deterring Fraud Against the Government (Fall 2026)
Instructor: Erika Kelton (view instructor's teaching evaluations - degree students only)
Instructor: Claire M Sylvia (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person Instruction
Meeting:
M 08:00 AM - 09:50 AM
Location: Law 10
From August 17, 2026
To November 24, 2026
Course End: November 24, 2026
Class Number: 33139
Enrollment info:
Enrolled: 24
Waitlisted: 3
Enroll Limit: 24
As of: 08/07 11:49 PM
Whistleblower Law: Empowering Private Citizens to Help Fight Fraud and Corruption
In recent years, whistleblowers have become a familiar part of American culture, from movies to congressional hearings and investigations to high-profile litigation. Publicity surrounding the efforts of courageous individuals who have brought to light misconduct that was otherwise hidden has tended to improve the public perception of whistleblowers. Nevertheless, the decision to report wrongdoing is still fraught with personal risk.
This course will examine federal laws that incentivize and protect whistleblowers who assist in the enforcement of laws prohibiting fraud against the Government, investors, and others, as well as laws that seek to constrain corruption in the private and public sectors. Through this study, we will evaluate what approaches are effective at achieving their goals, what the potential shortcomings of various models are, and what policymakers and others can learn from experience with these different approaches.
The course will include an in-depth study of the federal False Claims Act (FCA”) - the Government’s primary law enforcement mechanism for prosecuting fraud against the Government and its unique “qui tam” provisions, which authorize private citizens to participate in that effort and offer a reward for successfully pursuing a case on the Government’s behalf. The FCA was substantially revised in 1986 to address modern problems of fraud against the Government. Since 1986, the Government has recovered over $85 billion as a result of cases initiated by private citizens. Cases brought under this law often involve heavily litigated issues of statutory interpretation and procedural challenges, with the Supreme Court addressing one or more cases under the FCA almost every Term in recent years. Renewed legal challenges to the constitutionality of this statute have questioned the validity of this qui tam model, notwithstanding its historic roots.
The course will compare other models of incentivizing and protecting whistleblowers, including approaches based on rewarding confidential tips, models used in other countries, and emerging legislative proposals to protect whistleblowers in the rapidly expanding artificial intelligence (AI) sector.
The course will be taught through a combination of lectures, discussions with government personnel, legal professionals, and others actively engaged with these topics, as well as through simulated problems, based on composites of actual scenarios. By using these simulated problems, students will gain professional practice skills, including drafting, negotiating, and client representation. Students will work on a final project involving analyzing and proposing solutions to a current public policy issue.
The instructors are Claire Sylvia and Erika Kelton (Berkeley Law '87), partners in the law firm of Phillips & Cohen LLP, which represents whistleblowers in False Claims Act, SEC, CFTC, AML, and IRS matters.
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Requirements Satisfaction:
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Exam Notes: (SP) Presentations that count for a significant portion of the grade
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Public Law and Policy
This course is listed in the following sub-categories:
Simulation Courses
Social Justice and Public Interest
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Class materials may also be available on bCourses.berkeley.edu
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Books:
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