Reining in the Rogue Squadron: Making Sense of the 'Original Source' Exception for Qui Tam Relators

12 Pages Posted: 24 Jul 2013

Date Written: 2012

Abstract

The qui tam provision of the Civil False Claims Act effectively serves to expand the government’s capacity to combat fraud, but also invites abusive prosecution against blameless public contractors. Although the public disclosure jurisdictional bar is designed permit worthy claimants to proceed as whistle blowers while precluding parasitic opportunists from unfairly imposing litigation costs and reaping undeserved awards, the inconsistent judicial interpretation of the original source exception threatens predictable and just law enforcement. Christopher Alexion’s note categorizes the approaches courts have taken as ranging from permissive, to “middle ground” to restrictive based on the timing of the relator’s disclosure, the content of the relator’s disclosure, and the recipient of the relator’s disclosure. This comment examines whether the Patient Protection and Affordable Care Act reforms to this exception will bring uniformity to the qui tam law.

Keywords: qui tam, relators, False Claims Act, whistle blower

JEL Classification: H50, H51, H59, I00, K00, K20, K23

Suggested Citation

Matthew, Dayna Bowen, Reining in the Rogue Squadron: Making Sense of the 'Original Source' Exception for Qui Tam Relators (2012). Washington and Lee Law Review, Vol. 69, No. 409, 2012; U of Colorado Law Legal Studies Research Paper No. 13-13. Available at SSRN: https://ssrn.com/abstract=2297651

Dayna Bowen Matthew (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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