Qui Tam “Whistleblower” Lawsuits – Getting Taxpayers’ Money Back

Q: What is a “qui tam” lawsuit?
A: The phrase “qui tam” is taken from the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur”. It refers to a person “who sues on behalf of the King as well as for himself.” Filing a “qui tam” suit allows ordinary citizens to bring lawsuits on behalf of the Federal (or California) Government when he or she becomes aware that a contractor is receiving State or Federal funds, but isn’t providing the quality or quantity of service that they promised to deliver in exchange for that payment. As a result, filing a “qui tam” claim allows regular people to bring that improper conduct to the Government’s attention. If the claim is successful, the Government can get the taxpayers’ money back – AND the individual is rewarded with a portion of the proceeds.

An individual who brings a “qui tam” claim on behalf of the Government is called a relator.

“Qui tam” claims are an ancient form of community policing. They were used in English courts as early as the 13th century, and the practice was brought to the United States during our Colonial period - but the need for vigorous anti-fraud legislation became clear during the Civil War. The Union Army needed lots of supplies to keep its soldiers prepared, from food rations to pack animals and boots. But many of the items being sold to the U.S. Government were of terrible quality. Worse, the sellers often got away with providing substandard goods, pocketing huge profits at taxpayers’ expense. This prompted the creation of the first U.S. False Claims Act in 1863 – and explains its nickname, the “Lincoln Law.”

Since then, the U.S. Government has encouraged individuals to become relators and report fraudulent activity. Over time, Congress has created a body of laws that supports and rewards the truthful reporting of fraud, punishes relators who bring lawsuits solely for revenge or personal gain, and provides protection for those “whistleblowers” against retaliatory dismissal or harassment.

Many states, including California, have created their own versions of the False Claims Act.

Q: How do you pronounce “qui tam”?
A: It’s key tam, rather than kwee tam.

Q: Why would someone choose to become a “Qui Tam” relator?
A: Because he or she is in a position to witness, identify and track the misuse of Government funds, and wants to see the problem addressed.

For further information, click here to view this US Dept of Justice document regarding US False Claims Act and the qui tam litigation process.
Click here to view information on the Taxpayers Against Fraud site.
Click here to view further information about the California False Claims Act.
Click here to view further information from the justia.com page on qui tam litigation.