Insight

QUI TAM PRACTICE UNDER THE FEDERAL FALSE CLAIMS ACT

What, exactly, is a qui tam action?

Zachary A. Kitts

Written by Zachary A. Kitts

Published: August 14, 2023

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

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

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

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

What’s the Difference Between DUI and DWI?


by Bryan Driscoll

Understanding the terminology and consequences of impaired driving charges.

Driver during nighttime police traffic stop with officer's flashlight shining through car window

How to Choose a Personal Injury Lawyer


by Bryan Driscoll

Finding the right legal representation after an injury is a critical decision that requires careful evaluation. 

3D scene representing the deliberative process of choosing a personal injury attorney

What Happens if You Don't File Taxes


by Bryan Driscoll

The penalties are real, but so are your options. Here's what the IRS can do and what you can do about it.

A torn dollar bill revealing a watchful eye, surrounded by flying documents

When to Get a Lawyer for Work Injury


by Bryan Driscoll

Understanding your rights and navigating the complexity of workers’ compensation claims.

Injured worker receiving medical attention at workplace

What Disqualifies You From Filing Bankruptcies


by Bryan Driscoll

A guide to navigating eligibility, the means test and the legal hurdles of declaring bankruptcy.

A silhouette of a large hand pushing over a row of falling dominos toward a small figure standing be

Legal Separation vs. Divorce


by Bryan Driscoll

A clear guide to understanding the legal, financial and emotional differences between separating and ending a marriage.

Miniature figures of two people standing apart with a child figure between them on a cracked surface