The federal False Claims Act provides that anyone who has knowledge of fraud or dishonesty may file a qui tam action, but there are limitations. Because the purpose of a private qui tam action is to pursue fraud that has not been uncovered before, a person may not bring a qui tam action if the fraud is public knowledge (for example, if the fraud has been a subject of a prior court action, or has been the subject of testimony before an administrative agency or a legislative body) unless the person bringing the action had knowledge of the wrongdoing independent of the public's knowledge. If you have information about a fraud against the government, you need legal counsel from experienced qui tam litigation attorneys.

Who May Bring a Qui Tam Action

Any individual with knowledge of wrongdoing can file a qui tam action. Because the False Claims Act requires direct knowledge of the wrongdoing, most qui tam actions are brought by parties who fall into one of the following categories:

• Employees of the wrongdoer. Employees are the most common source of qui tam actions. Employees often bring an action after attempting to use internal company channels to stop the wrongdoing, although an employee may bring an action even if he or she was involved in the wrongdoing, or did nothing to stop it. Note that an employee who exposes the fraud or wrongdoing of his or her employer is protected by law from retaliation by the employer.
  
  
• Former employees. Many qui tam actions are brought by individuals who have lost their jobs, because of their efforts to stop their employer's wrongdoing.
  
  
• Competitors.
  
  
• Subcontractors.
  
  
• State and local governments.

The list above does not set out the entire list of those who may bring a qui tam action. For example, some courts have allowed federal employees to bring qui tam actions. In some cases, public interest groups have been allowed to bring actions. There is nothing in the False Claims Act that says an individual must have a particular relationship, or any relationship, to the wrongdoer before an action may be brought. The essential fact is that the individual who brings the action has knowledge of the fraud or other wrongdoing that the general public does not have. A person who knows of fraud or dishonesty in a government contract or program should consult an experienced qui tam litigation attorney.

Conclusion

A qui tam action may be brought by virtually any person with first-hand knowledge of fraud or wrongdoing. If you know of fraud or dishonesty in a government contract or program, contact an experienced qui tam litigation attorney to pursue your claim.

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