Public Trust and the Role of Qui Tam Relators in the Regulatory Framework
Journal of Law, Economics and Policy, Vol. 7, No. 1, 2010
23 Pages Posted: 15 Nov 2011 Last revised: 13 Aug 2012
Date Written: November 14, 2011
This article demonstrates that several recent regulatory and statutory changes make private actors part of the regulatory process. Those changes were important and are needed because individual and corporate compliance with any rule — ranging from minor offenses like parking violations, to serious crimes like murder — is governed by the same basic considerations: (1) the likelihood that transgressions of the law will be detected; (2) the likelihood that observed transgressions will be prosecuted; (3) the substance of the behavior the law forbids; (4) the nature of the evidence required to prove a violation; and (5) the severity of the potential sanctions. Governments have proven very capable of addressing factors three through five but have proven less skilled at factors one and two, and this article demonstrates and explains how recent changes to the Federal Acquisition Regulations and federal False Claims Act address factors one and two.
Keywords: Federal false claims act, qui tam litigation, regulatory processes, detecting transgressions of the law, compliance with regulatory commands, state false claims acts, fraud, quasi-criminal behavior
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