Qui Tam Plaintiffs and Relators

In the United States, this concept of Qui Tam plaintiff-Qui Tam relators was first adopted by the original False Claims Act of 1863. The law was created in reaction to fraud being committed against the Union Army during the Civil War.

Nowadays, the rights have been extended to the modern version of the law. Anyone interested in becoming Qui Tam plaintiff- relator should speak with a distinguished Qui Tam lawyer for help with their case.

Defining Qui Tam

The concept of a Qui Tam plaintiffs or plaintiff-relators comes from the Middle Ages when it was possible to sue on behalf of the king for violations of the law. Qui Tam stands for a longer Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means, “He who would sue on behalf of (himself) as well as the king.”

The issue to discuss with any Qui Tam attorney is an explanation of the harm to the government our modern version of “the king” under the law.

Qui Tam Laws

There is a relatively new provision of the False Claims Act and its Qui Tam provisions. This new provision allows the government to decide that the public disclosure bar will not be applied to a case. This provision may help a Qui Tam plaintiff-relator proceed with a case.

The Qui Tam provisions of the federal False Claims Act have been copied in State False Claims Acts throughout the United States. There are now independent rights of action to sue for fraud on behalf of the majority of states in addition to the original federal Qui Tam provisions.

Role of the Whistleblower

Often individuals discover that they have the right to be a Qui Tam plaintiff- relators only after a traumatic event in their lives.

Qui Tam plaintiffs sometimes also called relators may have complained about it and been fired as a result and be focused on that event. They may feel betrayed because of learning that their company is, in fact, committing fraud against the government. These are difficult issues for individuals to overcome to be able to provide the information needed to go forward with the case to present to the government and in court.

Qui Tam Relators

Most whistleblowers who wish to be Qui Tam plaintiff-relators do so because of the seriousness of the fraud that they have learned about. The whistleblower in a Qui Tam action is usually somebody who is an expert in an industry. Someone who can explain complex regulations or industry practices.

Defense contracting can be extremely complicated, for example, and the healthcare industry has many sub-industries and many regulations each of which can make a Qui Tam case seem complex at the outset. However, the most important aspect that makes a successful Qui Tam plaintiffs and relators case is relatively simple.

Misrepresentation

At some point, there has to be a misrepresentation of some kind. If a Qui Tam plaintiff-relator can explain that misrepresentation to the government in a clear manner, then most of the complications involving the requirements to hold a defendant liable under the False Claims Act and the underlying industry’s regulations will start to make sense and the case will be a lot more successful. This is true whether the case involves the fraudulent marketing of medical devices or pharmaceuticals or of worthless care at Hospice Centers.

If there is a blatant misrepresentation involved which the and realtor exposes in the case, that is the crucial fact that can make a Qui Tam action successful. It applies even to the most complex technology sold in the defense department. If there is a blatant misrepresentation involved, that is the crucial fact that will make a Qui Tam action a potentially successful action.

Qui Tam Cases

Qui Tam plaintiffs-realtors can file large cases, they can file complex matters and these cases can also be rewarding to a plaintiff-relator. The rewards include the possibility of obtaining 15 percent to 25 percent of what the government recovers, in the case that the government supports.

The plaintiff-relator may also obtain 25 percent to 30 percent in a case, which the government declines to support that comes to a successful conclusion. The law provides for treble damages in a case that proceeds to trial and there are civil fines for violating the False Claims Act as well. The stakes in any action for Qui Tam plaintiff- realtors, as a result, are considerable to all parties.