What does “Qui Tam” mean?
“Qui Tam” is an abbreviation from the Latin “qui tam pro domino rege quam pro sic ipso in hoc parte sequitur” meaning “who as well for the king as for himself sues in this matter.”

Black’s Law Dictionary defines a Qui Tam action as “an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other institution.”

In essence, Qui Tam allows a private citizen to act as “private attorney general” in the effort to prosecute government procurement and program fraud.

What is a “Relator?”
A relator is a private individual, whistleblower, or “plaintiff” that may bring suit in Federal Court on behalf of the United States under the False Claims Act (FCA).

HISTORY
Qui Tam actions have been used as far back as the 13th Century in England where they were popular as a way for private citizens to gain access to royal courts. In the U.S., Qui Tam actions have been around since 1776, although seldom used until 1986. In 1863, during the Civil War, Congressional hearings disclosed widespread instances of military contractor fraud that included defective products, substitution of inferior material, and illegal price gouging of the Union Army. At the urging of Abraham Lincoln, Congress enacted the Civil False Claims Act, including the Qui Tam provision, as a weapon to fight procurement fraud. This law has also been known as the “Lincoln Law” and the “Informer’s Act.”

Congress decided to give whistleblowers a share of the recoveries that result from Qui Tam lawsuits to give people a strong incentive to step forward and take the personal and professional risks involved in reporting fraud. It also wanted to encourage private law firms to risk their resources in litigating cases on the public’s behalf.

DEFINING “FRAUD”:
“Fraud” under the False Claims Act means that a town, city, county, municipality, private corporation or individual has knowingly presented a false claim or claims for payment to the United States obliging the Government to pay that claim or claims. The fraud can occur wherever federal or state monies are directly or indirectly used to purchase services or goods.