Sunday Read: Getting to Know Whistleblower Attorneys: Jacey Messer, Part 2
The National Whistleblower Center (NWC) launched the “Getting To Know Whistleblower Attorneys” feature to explore the qualities and motivations of some of the field’s leading practitioners.
We are following up with Jacey Messer, Esq. She is a senior associate at H Street Law, a Washington D.C.-based firm that focuses on whistleblower law, commercial and non-profit matters and prosecutions and investigations. Messer was a wealth of insight, and in this Sunday Read, NWC picks up from Part 1 and to discuss why she finds whistleblower law so gratifying.
An Interview with Jacey Messer, Esq.
Jacey, we established that you stepped away from legal to run a business, but returned and entered whistleblower law. Bring us up to the present.
Just prior to the pandemic, I started back to work with temporary document review projects. I did that off and on through the pandemic, which thankfully allowed me to work remotely. One of the longer-term document review projects I completed, started because whistleblowers came forward.
That case was brought under the False Claims Act (FCA) for violations of the Stark Law. Multiple whistleblowers–or “relators,” as they are referred to in FCA complaints — filed the case in federal district court against a major health care system.
Fill us in on the Stark Law.
The Stark Law is a healthcare law that prohibits physicians from referring Medicare patients to clinics, or health care facilities, with which the physician has a direct, or indirect, financial relationship. The Stark Law is complicated as there are exceptions to it, which can shift the burden to the defense. Our document review team spent weeks reviewing medical records and internal emails for e-discovery. I walked away from that project with a deep appreciation for the relators (whistleblowers). The professional risks they took to bring that case out of the darkness and into the light were astonishing! My work on that case began in 2020 and is ongoing (after appeal) further proving that whistleblower litigation can move at a turtle’s pace.
What in your experience are the most common reasons whistleblowers come forward?
- Character. Our whistleblowers can’t stomach the injustice any longer and couldn’t live with themselves if they tried.
- Financial incentives push them to report sooner where they may have hesitated longer before doing so.
- To right a wrong they have witnessed or may have unwittingly participated in.
Sounds like you have a strong affinity for your clients. What are the highlights of working with whistleblowers?
Their courage and their hearts. Whistleblowers seem to have this default setting in their hearts of seeking out righteousness and justice everywhere they go. Their head may be telling them to ignore this setting, as if it’s as easy as “just shut up and do your job!” Or — at worst — they participate in the wrongdoing for personal benefit.
But over time, their courage and their heart usually win out. That nagging feeling in their heart will not go away until they tell someone about the injustice, they witnessed or experienced. They can’t not blow the whistle.
In what areas/sectors are you seeing the most activity?
At H Street Law, we primarily work with financial whistleblowers, not those in the health care space. Financial fraud is exploding. Also the recent year-end reports from the SEC and CFTC are indicative of what we are seeing in our practice.
How does your firm view working with whistleblowers?
Our job is to make reporting simple and secure for whistleblowers, who often lead fragile and often complicated lives. Many of them have suffered great anguish before finding their way to H Street Law. It is an honor to be the voice for our anonymous whistleblower clients and we take our responsibility to protect the client’s anonymity very seriously! We go to great lengths to streamline the reporting process for them and protect their identity.
Why do you love the practice?
The landscape of whistleblower law is always changing. For example, cryptocurrency regulation and sanctions and export controls are two very hot areas of the law that have the potential to draw in whistleblowers. We must be prepared to timely report violations for our whistleblower clients who are forging new paths in these spaces.
From my perspective, there is nothing mundane about practicing whistleblower law. Many of our whistleblowers’ stories would make bestselling movies at the box office or top the New York Times Bestseller list.
How would you describe the pro bono whistleblower services of your practice?
We occasionally meet people in our practice who have been misunderstood, or retaliated against, by a prior employer or otherwise because of sensitive information they have gathered or something concerning they witnessed.
If they cannot technically qualify as a whistleblower under any of the federal whistleblower award programs, but are still in dire need of help, we speak with them. If they are unable to pay legal fees and we have the bandwidth to assist, we usually do so on a pro bono basis.
Changing lanes just a bit, what tips do you have for lawyers considering whistleblower law?
If you are a law student interested in practicing whistleblower law, I would recommend taking these electives in law school:
- Administrative Law. Whistleblower attorneys are practicing in front of government agencies like the SEC, CFTC, and IRS all the time. It is very beneficial to learn all you can about how these agencies operate and specifically, their rulemaking and enforcement authorities.
- Health Care Law. If you plan to represent health care whistleblowers, knowing the ins and out of health care law is essential. Getting a background on how health care systems are organized and who they contract with is key.
- Employment Law. There are many areas of overlap between employment law and whistleblower law. Granted not all whistleblowers are employees of the entities they are reporting, but frequently they are.
I also requested to take two cross-campus classes for credit in my third year of law school as electives. I use the knowledge I gained in both classes in my international whistleblower practice today: (1) History of International Human Rights; and (2) Introduction to the European Union.
Get To Know More Whistleblower Lawyers
Check out part 1 of Jacey Masser’s interview, and read other “Getting To Know” installments, featuring Sanford Heisler Partner and Whistleblower & Qui Tam Practice Group Co-Chair John McKnight and “Celebrity Whistleblower” and attorney Mychal Wilson, Esq. More installments will follow regularly.
Resources For Whistleblowers
The decision to come forward is not one to be taken lightly, nor should selecting a whistleblower lawyer. NWC provides resources that can connect you with the right legal professional.
You can also learn more about the type of whistleblower lawyer needed for your claim in Rules for Whistleblowers: A Handbook for Doing What’s Right, written by NWC Founder and Chairman of the Board Stephen M. Kohn.
Support NWC
NWC fights to bolster whistleblower programs, inform the public and employees in all sectors about available laws and protections, and help connect them with the right legal representation. As a 501(c)(3) non-profit our awareness building work is made possible with the support of our generous donors. Please consider donating $100 today to help us continue to educate the public on how to find help when it is time for them to blow the whistle, donors who give at least $50 will receive a complimentary copy of Rules For Whistleblowers.
This story was written by Justin Smulison, a professional writer, podcaster, and event host based in New York.
