Overview
A relator, also known as a “whistleblower,” is an individual who initiates a lawsuit on behalf of the government. This typically occurs in cases involving fraud against the government, most commonly under the False Claims Act (FCA) in the United States. The relator is usually someone with direct knowledge of the alleged misconduct.
Key Concepts
The role of a relator is central to qui tam provisions, a legal mechanism allowing private citizens to sue wrongdoers in the name of the government. If the lawsuit is successful, the relator is entitled to a percentage of the recovered funds as a reward.
Deep Dive
To qualify as a relator, the individual must possess original information not already known to the government. The FCA has specific requirements for filing a qui tam complaint, which is initially filed under seal to allow the government time to investigate and decide whether to intervene in the case. The relator’s cooperation is crucial throughout the legal process.
Applications
Relator actions are prominent in cases involving:
- Healthcare fraud (e.g., Medicare/Medicaid fraud)
- Defense contractor fraud
- Government grant fraud
- Tax fraud (under specific whistleblower programs)
These actions help the government recover substantial amounts of misappropriated funds.
Challenges & Misconceptions
A common misconception is that a relator is simply an informant. However, a relator actively participates in the litigation, often with legal counsel. Relators face potential retaliation, though laws are in place to protect them. Not all qui tam actions are successful, and recovery is not guaranteed.
FAQs
Who can be a relator?
Generally, any individual with firsthand knowledge of fraud against the government can be a relator, provided they have not participated in the fraud themselves.
What is the relator’s reward?
If the government recovers money, the relator typically receives 15-30% of the recovered amount.
What if the government doesn’t intervene?
The relator may still pursue the case themselves, though it is more challenging without government support.