qui tam

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qui tam

(kwī tam) [L., who as well, who also]

A legal claim or type of litigation in which an individual alleges fraudulent billing by a government contractor. Funds recovered by the government as a result of the claim are divided between the government and the relator of the action. The government is entitled to most of the fraudulently obtained money, and the “whistleblower” is given a percentage of the recovered funds as a reward. Qui tam litigation is one way the U.S. government combats Medicare fraud and abuse.

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(131) With that said, the relaxing of the standard will allow more qui tam claims to survive a motion to dismiss, and logically, this could result in an increase in the number of qui tam suits that are filed in the Eighth Circuit and that survive early dismissal.

The plight of the tattletale: how the Eighth Circuit's relaxing of rule 9(b) means more unpredictability for FCA whistleblower claims

(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.

Informer lacks standing to bring complaint under s. 962 of the Neutrality Act

In this case, the relator challenged taxability based on IRC section 104(a)(2), which indicates that gross income does not include "the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness." The relator asserted that the qui tam award--25% of a $2.5 million recovery he received--was due to the government's consideration of the personal injuries he sustained.

The price of a good deed: not all whistleblowers are taxed equally

The Screening Benefits of Qui Tam Actions under the FCA III.

Noise reduction: the screening value of qui tam

Defendants will therefore face difficulties invalidating a partial assignment of a qui tam claim to a litigation financier.

The growth of litigation finance in DOJ whistleblower suits: implications and recommendations

(42) As a result, fraud on the state by omission or by concealment can now be remedied through a qui tam suit, regardless of whether the violator makes affirmative misrepresentations or records in the process of doing so.

Florida updates qui tam whistleblower statute

(33) Although the DOJ does not publish data on the proportion of qui tam cases in which it intervenes, (34) it does report the annual amounts recovered through qui tam cases based on whether the government intervened.

The good, the bad, and the ugly: the unnecessarily broad impact of qui tam civil False Claims Act cases on rural health care providers

Since qui tam plaintiffs "step into the shoes" of the

Lies and Statistics: Statistical Sampling in Liability Determinations Under the False Claims Act

But the court's opinion only whet litigants' appetite for other constitutional challenges to qui tam. In concluding that a relator has Article III standing, Justice Antonin Scalia added in an enigmatic footnote, "we express no view on the question whether qui tam suits violate Article II, in particular the Appointments Clause of [section] 2 and the 'Take Care' Clause of [section] 3."

Debate Over Qui Tam Constitutionality Resumes

Soon thereafter, he filed a qui tam action alleging the company violated provisions of the False Claims Act, including knowingly presenting false claims for payment or approval, using false records material to a false claim and unlawfully terminating him for his efforts to stop the FCA violations.

Whistleblower pleading standard clarified by court

David Grant filed a qui tam lawsuit in 2015 alleging that United falsified repairs and reports on F117 U.S.

Evidence of payment needed to allege FCA violation

Plaintiff also asserted a qui tam action under the FCA against prison officials.