The U.S. government will make the decision if they're going to intervene or join in on a qui tam file

| Saturday, January 28, 2012
By Madison Lodewyckx


Govt Intervention on Qui Tam

When a qui tam case is being reviewed the govt. will decide if they're going to intervene or join in on the case. In reality the governing body departments only ever intervene in a very little percentage of cases.

When the govt doesn't intervene, whistleblowers have the option to say whether they'd like to hound the case under the qui tam laws. If they opt to continue then they ought to be conscious that the individual stands a miles better chance (although not unlikely) of winning the case when the governing body does actually intervene.

In several cases governments will most likely ask courts to lift a seal on a case if they believe that they might be in a position to discuss a settlement figure with the defendant. It is worth pointing out that most successful qui tam law cases are settled out of court through talks and any experienced group of qui tam lawyers who are skilled in negotiation can provide a rough figure settlement figure for their client of what the case could be worth.

Qui Tam Law History

It is commonly referred to as the Lincoln Law or the False Claims Act and goes back to the times of Abraham Lincoln and the North American Civil War. Originally firms were awarded contracts to provide supplies and provisions for the Unionist and Confederate armed forces. However it was found that sick and decrepit mules and horses, malfunctioning rifles and faulty ammunition, as well as rancid rations were being supplied to both parties. For supplying unacceptable products, enterprises were being paid what at the time was a substantial sum of money by the presidencies on both sides. Something had to be done and this is when in 1865, President Lincoln brought in the False Claims Act.

Qui tam is a shortened version of the phrase "qui tam pro domino rege quam poetry ipso in hac parte sequitir" which translated means: he who sues in this matter does so for the king and also for himself. What this actually meant is that anybody who had knowledge irrespective of the sort of crime being committed against the governing body could create a civil lawsuit on behalf of the government. For a successful case, the person who caused the charge could receive a share of the amount recovered.




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