Unlike claims under the FCA, there are no qui tam
provisions that allow the whistleblower to initiate an action in court directly against the alleged violator.
11) A private individual is provided this opportunity under the FCA's qui tam
Kriss has no involvement whatsoever in the qui tam
Sprint Nextel Corp,, (45) Empire State Ventures LLC filed a qui tam
action against Sprint under New York's False Claims Act, alleging that the company failed to collect or pay New York sales tax on a portion of flat-rate monthly access charges for wireless voice services, which Sprint treated as unbundled charges for interstate and international calls.
Amici maintain that while qui tam
actions can serve an important purpose, they have long been subject to abuse.
Following the FCA's 1986 amendments, the number of qui tam
suits has substantially increased each year.
41) Finally, the Court considered whether [section] 962 is a qui tam
statute and held that it is not because, unlike the FCA, [section] 962 does not assign any of the government's interest to Dr.
The Justice Department has published statistics evidencing a steady rise in the number of qui tam
actions brought in the defense sector.
The Screening Benefits of Qui Tam
Actions under the FCA III.
The first is the due diligence phase during investigation and litigation of the qui tam
We also have a Complex Civil Enforcement Bureau that investigates and prosecutes qui tam
cases brought by whistleblowers and by the State of Florida under the Florida False Claims Act.
In 2003, the Justice Department awarded Bagley an FCA qui tam
award in excess of $27 million.