“The Justice Department intervenes in fewer than one out of every four whistleblower False Claims Act lawsuits filed,” Goldstein said. “Its decision to proceed with False Claims Act charges against Gallup here strongly suggests that, in the Justice Department’s view, the company that calls itself ‘the most trusted name in polling’ may have violated the public trust.”
The Daily Caller’s review of what the DOJ and Lindley have publicly presented casts doubt on the basis of the lawsuit.
Lindley alleges misconduct from Gallup on its contracts with the U.S. Mint, the State Department and other agencies, allegations the DOJ has seconded. Internal agency reviews of Gallup’s work, however, have shown that each of those federal agencies praised Gallup for its work and its cost control measures.
While Lindley claims he was fired for complaining about the Gallup misconduct he alleged in his lawsuit, a senior Gallup official told TheDC Lindley’s behavior included walking around describing himself as a “devout Marxist”; that Lindley was upset when Gallup wouldn’t allow him to work remotely from Brazil; and that he was angry when his request for a several-hundred-thousand-dollar raise wasn’t granted.
The senior Gallup official also told TheDC that Lindley had actually asked to be fired so he wouldn’t have to repay the company for his relocation expenses.
Lindley was also a 2008 Obama campaign field organizer in Iowa, a fact he didn’t mention in his lawsuit. Few press reports have mentioned it either.
Sources tell TheDC that Gallup has yet to be served with the official DOJ complaint — which was only filed after senior Gallup officials, according to emails obtained and published by TheDC, wouldn’t submit to pressure from senior Obama campaign adviser David Axelrod to change their polling methodology after a poll showed Mitt Romney leading Obama.
Gallup can’t officially respond to the lawsuit in court, and can’t file a motion to dismiss it, until it receives the lawsuit via a process server.
“They have 120 days to serve a complaint on us — so they might just hold off on service until the election passes,” the senior Gallup official told TheDC. “That way they prevent us from officially responding to their allegations, which might be damaging to the campaign.”
None of the lawyers from the firms representing Lindley responded to TheDC’s requests for comment, nor did DOJ’s spokesperson.