Frequently Asked Questions about Qui Tam

Q: What is a "Qui Tam" action?

A: Qui tam (from the Latin qui tam pro domino rege quam pro sic ipso in hoc parte sequitur, meaning "who sues in this matter for the king as well as for himself") is the traditional name for a civil lawsuit brought by an informant to recover a penalty or fine. The term is most commonly used today to describe a lawsuit brought under the federal False Claims Act, or similar state laws, which alleges that someone who received government funds defrauded the government. The plaintiff in a qui tam action is awarded a share of the money recovered from the defendant. The plaintiff's share may be up to thirty percent of the amount recovered.

Q: Why doesn't the government bring qui tam actions?

A: Qui tam actions are brought by people who have knowledge of the fraud before the government knows about it. When the suit is brought, the government is notified about the facts of the case, and given the opportunity to participate.

Q: Why a civil action? Isn't defrauding the government a crime?

A: In many cases, the activities that give rise to a qui tam action may be criminal. There are issues in a criminal prosecution that are not present in a civil action. For example, a criminal case must be proven beyond a reasonable doubt. The standards of proof are not so high in a civil case. Defendants in a civil case have no right to remain silent, and can be forced to testify about their own activities. A civil action, such as qui tam, can be a more effective and efficient tool to recover money owed to the government.

Q: Who pays the expenses of a qui tam suit?

A: Part of the award against a defendant in a successful qui tam action is an amount for the plaintiff's attorney's fees and costs.

Q: How effective are qui tam suits?

A: By some estimates, qui tam actions have recovered over $12 billion since 1986 (when the present qui tam law was enacted). Most of that recovery has been against defendants involved in defense or health care programs.

Plaintiffs in qui tam actions have been awarded a total of over $1 billion in compensation for bringing their suits.

Q: Who may be a defendant in a qui tam action?

A: Any person or entity that uses or receives federal money may be a defendant in a qui tam action. This includes:

• Health care providers (Medicare/Medicaid fraud);
• Government contractors and subcontractors;
• Colleges or universities (for mishandling federal grants or research funds); and
• Governmental employees (except for judges, members of Congress, and high-ranking executive branch officials; members of the military may not be defendants).

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