Qui Tam and the False Claims Act: How They Work Together

The False Claims Act imposes liability for knowingly submitting false claims or causing them to be submitted. The qui tam provision allows a private person with inside knowledge to file suit in the government's name and share in any recovery.

Together they create one of the government's most effective fraud-fighting tools — responsible for billions in annual recoveries, mostly in healthcare and contracting.

A qui tam complaint is filed under seal and served on the Department of Justice, not the defendant at first. DOJ has time to investigate before the case becomes public. During this period, relators must keep the matter confidential.

DOJ may intervene and take over litigation, intervene partially, or decline. Intervention rates and outcomes vary by district and case type. Strong relator counsel and thorough disclosure statements improve the odds of serious government attention.

Our False Claims Act overview covers history and key provisions. The eligibility guide walks through whether your facts might support a case.

The liability question is whether the defendant’s conduct satisfies the False Claims Act. The procedure question is who may bring the action, how it must be filed and what role the government takes. “Qui tam” answers the private-enforcement part; it is not a separate category of fraud.

This distinction explains why an FCA enforcement announcement does not always involve a whistleblower award. The government can bring its own action, whereas a relator’s claim follows the qui tam provisions.