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General Schemes vs. Specific Claims

By Jacqueline Wolff and Nirav Shah
July 02, 2014

The qui tam provisions of the False Claims Act, which allow private individuals (“relators”) to bring suit on behalf of the federal government and keep a percentage of the proceeds, continue to be some of the most potent weapons in the government's antifraud arsenal. In fiscal year 2013, over three-quarters of the $3.8 billion recovered by the Department of Justice (DOJ) from FCA cases came from cases brought by relators. Over that same period, relators brought 752 new FCA suits.

Congress has telegraphed its belief in the value of whistleblower suits: In recent years, blockbuster legislation, such as the Affordable Care Act and the Dodd-Frank Act, has increased the potential bounties and legal protections available to whistleblowers.

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