Article · Litigation
Suing on Behalf of the Government: How Qui Tam Cases Actually Work
31 U.S.C. § 3729
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-01-26
- Topic
- Litigation
The False Claims Act lets a private person sue on the government's behalf and keep a share of what is recovered. This article explains how that works in practice: what makes a claim false, why materiality and knowledge decide most cases, and how the seal period changes everything about how a case begins. It walks through filing under seal, the government's investigation and intervention decision, and what happens to a case the government declines. Separate parts address the bars that eliminate otherwise strong cases — first to file, public disclosure, and the original source exception — along with the pleading standard that dismisses more qui tam complaints than any substantive defense. It covers the industries where these cases arise, the relator's share and how it is set, and the retaliation protection that exists independently of any recovery. Examples run throughout, and the practical counseling points for a person deciding whether to come forward are stated plainly.
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