Qui Tam Actions [a suit in the name of the King]
by Stewart D. Jenkins on 08/26/13
Private Citizens rewarded when they recoup funds fraudulently charged and paid by local governments. The California False Claims Act.
Unscrupulous individuals and
companies that dupe Cities and Counties into paying out false claims submitted,
or collude with government officials to keep public funds from being charged or
collected lawfully, can cost local governments millions of dollars. In a Qui
Tam suit, Treble Damages and other penalties can be recovered. Where political or other factors prevent the
prosecuting attorney in a City or County from bringing suit to recover the
ill-gotten gains, California authorizes a private citizen can sue on behalf of
their local government; and the successful private Qui Tam plaintiff shares not less than 25% and not more than 50%
of the recovered funds as a reward for his or her trouble. A successful private Qui Tam plaintiff is also entitled to an award of reasonable
attorney’s fees and expenses against the defendant(s).
Gov. C. § 12652.
However, where a local government has
declined to sue, and the private Qui Tam plaintiff fails to win, the defendant
may seek an attorney’s fees and costs award in some circumstances.
