Who Can Bring a Qui Tam Action?
The federal False Claims Act allows individuals to file a qui tam lawsuit if they have knowledge of fraud or dishonesty in certain transactions with the government. The goal behind allowing qui tam actions is to uncover and rectify fraud against the government that was previously undetected. Therefore, if the information on which the lawsuit is based is public knowledge and the person who files the lawsuit is not an original source of the information, the lawsuit cannot go forward. On the other hand, those who have inside knowledge may proceed with a lawsuit. If you have information about a fraud against the government, contact a qui tam litigation attorney.
The Relator in a Qui Tam Action
The individual who brings a qui tam action is called a "relator." The relator does not need to have been personally harmed by the actions of the defendant. In most cases, the lawsuit is based on the relator's direct and independent knowledge of misconduct, which the relator has voluntarily disclosed to the federal government before filing the lawsuit. The most common types of relators include:
- Employees of the wrongdoer: Employees are the most common source of qui tam actions. Employees often bring an action after attempting to stop the wrongdoing through internal company channels, although they may bring an action even if they were involved in the wrongdoing or did nothing to stop it. Note that employees who use a qui tam action to expose the fraud or wrongdoing of their employers are protected by law from retaliation by the employers.
- Former employees: Many qui tam actions are brought by people who have lost their jobs because of their efforts to stop their employers' wrongdoing.
- Competitors: Through interaction with rival businesses, competitors may have firsthand knowledge of false claims submitted to the government.
- Subcontractors: While working closely with others on projects, subcontractors may come across information about fraud or wrongdoing against the government.
Because the person bringing the lawsuit does not need to have a specific type of relationship with the wrongdoer, this list is not inclusive. The essential requirement is that the individual who brings the action possesses information to which the general public does not have access.
What Qualifies as Public Information?
A plaintiff may not bring a qui tam action based solely on information that he or she learned from the public realm. Information that is considered public includes that which is published in the news media; disclosed in a court hearing; presented in a government report; and accessible through other public sources.
Speak with an Attorney
A qui tam action may be brought by people who have firsthand knowledge of fraud or wrongdoing. If you know of a fraud against the government, consult a qui tam litigation attorney for advice on how to pursue your claim.
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