Insight

QUI TAM PRACTICE UNDER THE FEDERAL FALSE CLAIMS ACT

What, exactly, is a qui tam action?

Zachary A. Kitts

Zachary A. Kitts

August 14, 2023 12:59 PM

QUI TAM PRACTICE UNDER THE FEDERAL FALSE CLAIMS ACT

ZACHARY KITTS

K&G LAW GROUP, PLLC

The federal False Claims Act is the single most important tool used to deter fraud on the federal government. In general terms, the FCA makes seven types of broadly-defined misconduct in relation to federal funds illegal and imposes treble damages and civil penalties against any "person" breaking the law. The real power of the statute, however, lies in its unique qui tam provision which empowers private individuals with knowledge of fraud on the government to hire private counsel and sue in their own name as well as on behalf of the United States. Such individuals are entitled to receive an award of between 15% and 30% of the government’s recovery as well as attorney's fees, costs and expenses.

The term qui tam comes from the Latin phrase "he who sues on behalf of the King, as well as for himself.” In other words, the FCA is no mere fraud hotline to report unethical behavior – the FCA gives any person the right to file a full-blown federal lawsuit on behalf of the United States. Because qui tam relators (or whistleblowers as they are sometimes called) bring claims on behalf of the United States in court, they must be represented by licensed counsel.

In all cases, the interests of qui tam whistleblower are represented by private counsel, while the interests of the United States are represented by the United States Department of Justice. By creating incentives for individuals with first-hand information to hire private counsel and litigate cases in conjunction with federal prosecutors, the statute creates a true public-private partnership between industry insiders with knowledge of fraud, private practice lawyers specializing qui tam litigation, and federal prosecutors. This public-private partnership has been an unparalleled success. The Department of Justice has collected billions of dollars in FCA prosecutions, and qui tam whistleblowers have been paid hundreds of millions of dollars for their efforts.

Such recoveries are by no means easy or quick. In addition to understanding the complex needs of modern government and the commercial entities servicing those needs, qui tam litigation has a number of unusual requirements not found in other types of federal civil litigation. Those requirements – many of which are jurisdictional – include a pre-filing disclosure memorandum, a heightened pleading standard for the Complaint, and a number of unusual procedural hurdles such as filing the Complaint under seal. And, of course, working with the Department of Justice has its own nuances that must be successfully navigated.

The success of the federal FCA has caused state governments to take an interest, and to date 30 state governments and the District of Columbia have enacted some form of FCA-style statute. In addition to the obvious uses of such statutes – most prominently, the Medicaid program is funded at least in part by all states, and the federal FCA can only be used to recover federal money – states have their own unique areas of FCA practice, such as state qui tam actions to recover unclaimed property illegally withheld from the states by banks, credit unions, insurance companies, and so forth.

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Florida Rewrites the Rules on Housing


by Laurie Villanueva

Whether locals like it or not.

Florida Rewrites the Rules on Housing headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

Uber’s Staged Accidents Lawsuit a Signal Flare for Future of Fraud Litigation


by Bryan Driscoll

Civil RICO is no longer niche, and corporate defendants are no longer content to play defense.

Uber staged car crash headline

Anthropic Class Action a Warning Shot for AI Industry


by Bryan Driscoll

The signal is clear: Courts, not Congress, are writing the first rules of AI.

authors vs anthropic ai lawsuit headline

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Do You Need a Real Estate Attorney to Refinance?


by Bryan Driscoll

When and why to hire a real estate attorney for refinancing.

A couple sitting with a real estate attorney reviewing documents for refinancing their mortgage

Canadian Firms Explore AI, But Few Fully Embrace the Shift


by David L. Brown

BLF survey reveals caution despite momentum.

Canadian Firms Explore AI, But Few Fully Embrace the Shift headline