Harry “Hap” Barko, Jr., a former contract administrator for KBR in Iraq, discovered that Halliburton/KBR and other contractors inflated the costs of construction services on military bases in Iraq. Mr. Barko, who was stationed at Camp Al Asad, discovered that KBR used a subcontract procedure which vastly inflated the costs of constructing laundry facilities and providing laundry services on at least three military bases.
Represented by whistleblower lawyers Kohn, Kohn & Colapinto, Mr. Barko brought qui tam action alleging National Defense Fraud – violations of the False Claims Act by Halliburton Company and its subcontractors.
Halliburton and the other defendants asked the court to dismiss the qui tam action against them. On July 8, 2013, the U.S. District Court District of Columbia ruled that Barko “provided a detailed description of the specific falsehoods that are the basis for his suit,” denied Halliburton’s request, and allowed the qui tam lawsuit to proceed.
The whistleblower attorneys at Kohn, Kohn & Colapinto recently filed a petition for Mr. Barko’s case to be heard before the U.S. Supreme Court. You can read the petition here.
Stephen M. Kohn for The Guardian: Corporations cannot muzzle whistleblowers with secrecy agreements any longer
Bloomberg BNA: Plaintiff Petitions Supreme Court About D.C. Circuit Attorney Privilege Case
District Court Judge Rules Qui Tam Action Against Haliburton to Proceed
Court Holds Arguments on Whether Documents Created by Non-Attorneys are Protected by Attorney-Client Privilege
SEC Press Release on Non-Disclosure Agreement Settlement with KBR
SEC Enforcement Action Against KBR for Non-Disclosure Agreements
Harry Barko’s February 19, 2014 complaint
Petition for Rehearing en banc (July 28th, 2014)
May 7, 2014, Rule 28 Letter, re: factual error made during Petitioner’s reply argument.
Reply Of Petitioners to Relator’s Response to The Brief Of Amici Curiae, April 18. 2014 (KBR).
Brief Of Respondent-Relator Harry Barko In Response to The Brief of The Amici Curiae, April 10, 2014.
Corrected Combined Response to Motion For Stay And Petition For Writ of Mandamus, March 21, 2014.
Brief For Amici Curiae Supporting Petitioner, March 19, 2014.
United States ex rel. Barko v. Halliburton Co. et al., No. 1:05-CV-1276 (D.D.C.), March 11, 2014 order.