Who can File A Qui Tam Claim?
Under the qui tam provision of the False Claims Act, the relator (plaintiff) files an action on behalf of the U.S. Government. The Act allows a wide variety of people and entities to file a qui tam action, common types include: employees, former employees, state and local governments, federal employees, public interest groups, corporations and private organizations
The less common type of whistleblower such as a corporation or private entity, must overcome the burden of proving they can meet the "public disclosure" provision of the law. Many have had their cases dismissed for failing to prove this burden,
There is a provision in the Act that provides for "public disclosure" if the whistleblower can meet the "orginal source" test. The whistleblower must prove they had direct and independent knowledge of the allegation prior to filing the action.
