He Who Sues the King as for Himself – Qui Tam

Private citizens who sue on behalf of the government are pursuing a Qui Tam case. These suits are aka whistleblower lawsuits.

Qui Tam is a rather unusual word and not many people hear about it during their daily lives. It is most frequently associated with whistleblower lawsuits, where a private individual is suing a business on behalf of the government, for defrauding the government. Of interest is the fact that some whistleblowers make some very good money doing this, not that it was their main motivation to file the suit in the first place though.

“Qui Tam is actually a provision of the Federal Civil False Claims Act (1863) and any claims filed here allege fraud by government contractors and/or other people who receive or abuse government funds,” explained Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

Whistleblower protection laws offer security for people who tell the government they think someone is ripping them off. The actual term is Latin and reads “qui tam pro domino rege quam pro se ipse,” which loosely translated means “He who sues the king as for himself.” The initial introduction of this law was to battle fraud during the Civil War and stop government suppliers from ripping them off. How ironic that this law, first enacted in 1863 and revised in 1986, is still in place to stop the same illegal actions. Obviously, some things never change.

Any benefits the government gets from a Qui Tam lawsuit brought by someone on their behalf, means the person who filed the claim may get a percentage of any money recovered or damages as a result of any fraud exposed. “In most instances, private individuals file Qui Tam suits and settle in for a long, contentious and complex trial,” said Wilburn.

“The person who brings the suit is often referred to as a ‘relator’ and in filing does not need to have been personally harmed by the defendant’s conduct. In addition, the False Claims Act lets the relator recover anywhere from 15% to 30% of any settlement and has their attorney’s fees paid. These cases must be handled by an attorney because they are filed on behalf of the government,” added Wilburn.

While Qui Tam cases are not frequent, they are definitely a part of the legal landscape and those with claims that the government is getting ripped off by a contractor or other person should speak to an experienced attorney.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

Tags: Dallas business attorney, Dallas business lawyer, Dallas employment attorney, Dallas employment lawyer

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