The Qui Tam Information Center identifies qui tam is a provision of the Federal Civil False Claims Act (1863) that permits private citizens to file a lawsuit on behalf of the United States government. The claims allege fraud by government contractors and/or others who have either received government funds were engaged in abuse of government funds. The act allows private citizens to share in the amount recovered.
In Law, the term qui tam connotes whistleblower protection laws. Such protection is provided to individuals who notify the government of their suspicions that entities have engaged in fraud and/or abuse. The etymology of the term is a Latin expression, viz., "qui tam pro domino rege quam pro se ipse." The phrase actually means "he who sues the king as for himself."
Whistle-blowing frequently occurs in situations in which employees expose fraud and abuse. The federal law that legitimated the concept of the whistle-blower, the False Claims Act (1863, revised'86) was originally enacted to combat fraud in which suppliers to the federal government engaged during the Civil War. Due to the benefits the government derives from such actions, whistle-blowers can receive a percentage of any money recovered or damages identified by the government in the fraud they expose.
Private citizens generally file such actions on behalf of the government. The purpose of which is to prevent fraud and abuse. To assist the individual who brings such an action with expenses incurred during the process of litigation, a settlement loan may be required.
Individuals who bring such suits are also called relators. When such cases are filed, the relator need not have been personally harmed by the defendant's conduct. Additionally, the False Claims Act allows the relator to recover 15-30% of any settlement amount. Furthermore, the statute provides for payment of attorney's fees. (Attorneys are required to bring such lawsuits, due to the fact that these cases are brought on behalf of the government and may only be prosecuted by an attorney.)
Although this is a very successful tool in combating fraud and abuse, arming private citizens with knowledge of fraud and/or abuse with a weapon to pursue such an action, individuals who bring such actions are often subjected to persecution by the entity against which such action is brought. Individuals who are willing to step forward and bring such actions should be commended. These deeds are acts of courage and, assuming such actions are well-intended, actions in which every good citizen should get involved.
Unlike customary claims, these are actions that the government may elect to pursue against the entities identified. If this is a situation, the relator who initially brings the action to the government's attention would undoubtedly serve as a great resource for the government and the prosecution, but would not dare the legal expenses incurred with bringing such an action. The lawsuit loan may not be appropriate in such cases.
However, if the government elects not to prosecute the case, individual bringing the situation to the government's attention may still be able to pursue a claim against the abusers, if that is the case, a lawsuit loan is often required to assist the individual in handling the legal expenses incurred.
One should also bear in mind that many expenses arise when such claims are filed. Although it is true that the whistleblower does have protection under the law from wrongful termination etc., employers often ignore this requirement. In such instances, the relators resources may quickly diminish.
The law was enacted to effectively identify and prosecute government fraud and abuse. However, it was also enacted to address issues related to fraudulent activity in which government-related entities engaged. To determine whether a lawsuit loan would be required in such instances, it would be necessary to thoroughly investigate the issues involved. One should bear in mind that while awaiting the government's decision and action, the individual who filed such an action has expenses that continue to mount, in many cases following the loss of employment pending the government's determination.
Under the Act, whistle-blowers also receive protection from wrongful termination. Additionally, the Act allows for reinstatement with seniority, double back pay, interest on back pay, compensation for discriminatory treatment, and reasonable legal expenses. Once again, it is the delay between the date on which the wrongful termination occurred and the date on which reinstatement is achieved that creates a tremendous financial burden on the claimant. It is during this interval that a lawsuit loan may be required.
Additional legislation was adopted in'78, barring reprisals against those who exposed government fraud and abuse. The harassment and dismissal of employees who reported this fraud and abuse led Congress to strengthen its position to protect whistle-blowers in'89. It is significant to note that many states have now adopted specific employment laws that address the issue of discrimination against whistle-blowers.
Due to expenses incurred, it is often necessary to obtain a lawsuit loan to avoid being buried under your financial obligations. If you do find yourself in such a situation, do your homework in obtaining settlement funding designed to suit your needs.
In Law, the term qui tam connotes whistleblower protection laws. Such protection is provided to individuals who notify the government of their suspicions that entities have engaged in fraud and/or abuse. The etymology of the term is a Latin expression, viz., "qui tam pro domino rege quam pro se ipse." The phrase actually means "he who sues the king as for himself."
Whistle-blowing frequently occurs in situations in which employees expose fraud and abuse. The federal law that legitimated the concept of the whistle-blower, the False Claims Act (1863, revised'86) was originally enacted to combat fraud in which suppliers to the federal government engaged during the Civil War. Due to the benefits the government derives from such actions, whistle-blowers can receive a percentage of any money recovered or damages identified by the government in the fraud they expose.
Private citizens generally file such actions on behalf of the government. The purpose of which is to prevent fraud and abuse. To assist the individual who brings such an action with expenses incurred during the process of litigation, a settlement loan may be required.
Individuals who bring such suits are also called relators. When such cases are filed, the relator need not have been personally harmed by the defendant's conduct. Additionally, the False Claims Act allows the relator to recover 15-30% of any settlement amount. Furthermore, the statute provides for payment of attorney's fees. (Attorneys are required to bring such lawsuits, due to the fact that these cases are brought on behalf of the government and may only be prosecuted by an attorney.)
Although this is a very successful tool in combating fraud and abuse, arming private citizens with knowledge of fraud and/or abuse with a weapon to pursue such an action, individuals who bring such actions are often subjected to persecution by the entity against which such action is brought. Individuals who are willing to step forward and bring such actions should be commended. These deeds are acts of courage and, assuming such actions are well-intended, actions in which every good citizen should get involved.
Unlike customary claims, these are actions that the government may elect to pursue against the entities identified. If this is a situation, the relator who initially brings the action to the government's attention would undoubtedly serve as a great resource for the government and the prosecution, but would not dare the legal expenses incurred with bringing such an action. The lawsuit loan may not be appropriate in such cases.
However, if the government elects not to prosecute the case, individual bringing the situation to the government's attention may still be able to pursue a claim against the abusers, if that is the case, a lawsuit loan is often required to assist the individual in handling the legal expenses incurred.
One should also bear in mind that many expenses arise when such claims are filed. Although it is true that the whistleblower does have protection under the law from wrongful termination etc., employers often ignore this requirement. In such instances, the relators resources may quickly diminish.
The law was enacted to effectively identify and prosecute government fraud and abuse. However, it was also enacted to address issues related to fraudulent activity in which government-related entities engaged. To determine whether a lawsuit loan would be required in such instances, it would be necessary to thoroughly investigate the issues involved. One should bear in mind that while awaiting the government's decision and action, the individual who filed such an action has expenses that continue to mount, in many cases following the loss of employment pending the government's determination.
Under the Act, whistle-blowers also receive protection from wrongful termination. Additionally, the Act allows for reinstatement with seniority, double back pay, interest on back pay, compensation for discriminatory treatment, and reasonable legal expenses. Once again, it is the delay between the date on which the wrongful termination occurred and the date on which reinstatement is achieved that creates a tremendous financial burden on the claimant. It is during this interval that a lawsuit loan may be required.
Additional legislation was adopted in'78, barring reprisals against those who exposed government fraud and abuse. The harassment and dismissal of employees who reported this fraud and abuse led Congress to strengthen its position to protect whistle-blowers in'89. It is significant to note that many states have now adopted specific employment laws that address the issue of discrimination against whistle-blowers.
Due to expenses incurred, it is often necessary to obtain a lawsuit loan to avoid being buried under your financial obligations. If you do find yourself in such a situation, do your homework in obtaining settlement funding designed to suit your needs.
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