Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Qui Tam Actions

Qui Tam Actions

Publications, Landmark

Paperback

General Law

ISBN10: 1791935753
ISBN13: 9781791935757
Publisher: Independently Published
Published: Dec 21 2018
Pages: 544
Weight: 1.58
Height: 1.10 Width: 6.00 Depth: 9.00
Language: English
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding qui tam actions. * * * The FCA imposes significant penalties on any person who knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval to the Government or any person who knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim. 31 U.S.C. 3729(a)(1)(A)-(B). Rather than rely solely on federal enforcement of these provisions, Congress decided to deputize private individuals, encouraging them to come forward with claims on behalf of the Government in the form of qui tam suits. Qui tam provisions are not new to federal law, appearing as early as the first Congress. J. Randy Beck, The False Claims Act and the English Eradication of Qui Tam Legislation, 78 N.C. L. REV. 539, 554 n.54 (2000). In fact, the FCA and its qui tam provisions emerged midway through the Civil War, in response to frauds perpetrated in connection with Union military procurement. Id. at 555. Under the FCA's qui tam provisions, a private party, called the relator, challenges fraudulent claims against the [G]overnment on the [G]overnment's behalf, ultimately sharing in any recovery. United States ex rel. Shea v. Cellco P'ship, 863 F.3d 923, 926 (D.C. Cir. 2017); see 31 U.S.C. 3730(b). The relator may be awarded up to thirty percent of the proceeds ultimately recovered. 31 U.S.C. 3730(d). Relators need not allege personal injury but instead sue to remedy an injury in fact suffered by the United States. Vt. Agency of Nat. Res. v. United States ex rel. Stevens, 529 U.S. 765, 771, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000). The Government may intervene in any qui tam action, taking over from the relator, and, in that event, limiting the relator's share of the recovery to at most twenty-five percent. 31 U.S.C. 3730(b)(2), (d)(1).

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