Whistleblowers Attorney in Minneapolis, Minnesota

Who Can File a Qui Tam Action?

Minneapolis employment law attorney Clayton Halunen explains who can file a Qui Tam case.

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Anyone can file a qui tam claim. It doesn’t need to be an employee. It could be a person who has information. They could get the information anywhere as long as it’s not from a public source. So if someone saw something on the news and went to the government and said, “Oh, yeah. XYZ Corporation is defrauding the government by selling it bad apples,” that wouldn’t constitute a claim, because it wasn’t original. It has to come from an original source. So if you’re a scientist and you identify that some product that’s being sold to the government doesn’t do what it claims to do, that scientist, even though it may not even be connected to the company, may be in a position to be a relator in one of these cases. Oftentimes, however, it’s from someone who works for the company. It’s usually an employee who becomes aware of it because of their inside status within the corporation, and they learn information about the fraud, and then they report it internally oftentimes, and when something doesn’t happen, if it’s not corrected or action isn’t taken, then they’ll go to the government.

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