Qui Tam & Whistleblower FAQs

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Qui tam refers to a type of lawsuit in which a private individual brings an action on behalf of the government. In qui tam cases, instead of a plaintiff’s name being “on the left side of the v.,” the case is referred to as “The United States of America ex rel. [your name] v. [the defendant].” Under the federal False Claims Act, the person bringing the lawsuit is commonly called a “relator.”

Not necessarily. A whistleblower does not always have to be a current employee of the company accused of wrongdoing. Former employees, contractors, competitors, industry participants, and others may potentially have information relevant to a False Claims Act matter.

Whether an individual can successfully bring a particular action depends on the facts and applicable legal requirements.

A federal False Claims Act qui tam complaint is initially filed under seal and is not immediately served on the defendant. This gives the government an opportunity to investigate the allegations before the case ordinarily becomes public.

Under the federal False Claims Act, an eligible whistleblower may generally receive between 15% and 30% of the proceeds recovered through a successful qui tam action, depending on whether the government intervenes and other circumstances established by the statute.

Government intervention can significantly affect a case, but a decision not to intervene does not automatically end the lawsuit. Subject to the False Claims Act and the circumstances of the case, a relator may be able to continue pursuing the action.

Federal and state laws may protect whistleblowers from certain forms of retaliation. The False Claims Act specifically provides remedies for qualifying employees, contractors, and agents who suffer retaliation because of protected conduct.

Whether internal reporting is appropriate depends on the circumstances. Because reporting decisions can affect employment, evidence, potential legal claims, and other considerations, speaking with an attorney before deciding how to proceed may be beneficial.

The False Claims Act contains specific statutes of limitation, and separate deadlines apply to retaliation claims. Other whistleblower statutes may have significantly different—and sometimes much shorter—deadlines.

Because timing can affect your rights, it is important to seek legal advice promptly after discovering suspected fraud or experiencing retaliation.