Question

Describe what is known as Qui Tam action or case, including who brings it, how it is brought, any requirements for bringing it, the benifits to the government and the person filing the action.

Answer 1

Qui Tam cases are the cases which are filed by whistle blowers under the False Claims Act (FCA), on the behalf of the government. These cases are filed with the objective of reducing the false claims which are getting raised by using the name or reference of the government. In Qui Tam cases, government can be considered to be the actual plaintiff.

There are certain requirements which must be fulfilled before a Qui Tam case is filed:

· The claimed whistleblower must have first-hand information about the wrongdoing or fraud

· The claimed whistleblower has evidence to facilitate the fraud claim

· There is a considerable amount of money involved in the case

· The claim falls within the respective statute of limitations

The fundamental benefit of Qui Tam cases to government is that it helps in bringing the fraudulent activities under control. Moreover money related to government treasury can be recovered easily using these cases. The benefit of filing Qui Tam case to the whistleblower is that if the claim is found authentic, the whistleblower is rewarded by the FCA.

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