St. Charles, Ill. (ECWd) —
Custardo Law, LLC has filed a whistleblower lawsuit on behalf of former Kane County Assistant State’s Attorney Eric Walliser against Kane County and Kane County State’s Attorney Jamie L. Mosser.
The lawsuit alleges that Mr. Walliser was wrongfully terminated after reporting during an internal investigation that a longstanding and common “backdating” practice existed within Kane County court operations. According to the complaint, some criminal court filings were processed a day late but were still file-stamped as if they had been filed the day before. The complaint alleges that this backdating practice could have affected filing deadlines, driver’s license suspensions and revocations, whether cases remained legally valid, and whether people could end up in jail.
The lawsuit alleges that the retaliation came at a time when the Kane County State’s Attorney’s Office was already under public and governmental scrutiny. In late 2024, according to the complaint, the Illinois Secretary of State concluded that the Office’s handling of a DUI case connected to a later fatal crash had resulted in improper “masking” and asked federal authorities to audit the State’s Attorney’s Office to determine whether similar practices were ongoing.
Against that backdrop, the complaint alleges, the State’s Attorney’s Office had incentive to minimize exposure and, instead of confronting the broader “backdating” practice and others involved it, fired Mr. Walliser just days after his disclosure and tried to portray him as a lone wrongdoer.
“This case is about more than just a prosecutor being fired,” said attorney Matthew R. Custardo of Custardo Law, LLC. “It is about an institutional backdating practice that Mr. Walliser reported internally, and the State’s Attorney’s decision to make him the fall guy instead of confronting the broader problem. When a prosecutor is fired days after disclosing a systemic court-record practice, that raises serious questions about retaliation, accountability, and public trust.”
The lawsuit seeks damages and other relief under Illinois law.
For media inquiries, please contact:
Matthew R. Custardo
CUSTARDO LAW LLC
630-557-1451
CUSTARDO LAW LLC is a law firm based in Lisle, Illinois that focuses on labor and employment law. Attorney Matthew R. Custardo has extensive experience litigating cases in state and federal court concerning matters of wrongful termination, retaliation, whistleblowers, hostile work environment claims, sexual harassment, gender and pregnancy discrimination, race discrimination, and disability discrimination.
NOTICE: All information contained in this statement comes from the Verified Complaint which has been filed as a public record with the Court. Although we make every attempt to verify our clients’ claims, note that the Defendants are expected to oppose our client’s positions, and the Courts have not yet ruled one way or the other as of the date of this statement.
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Filed Complaint 031626
