| 词汇 | Qui Tam2 |
| 释义 | `1`Qui Tam2 `2` "Legal Lexicon": The vital importance of this incentive effect is demonstrated by the reasons set forth by Congress in 1986 in undertaking the first extensive revision of the Act since its enactment in 1863. Congress expressed its judgment that "sophisticated and widespread fraud" that threatens significantly both the federal treasury and our nation's national security only could successfully be combatted by "a coordinated effort of both the Government and the citizenry." S. Rep. No. 345, 99th Cong., 2d Sess. 2-3 (1986), reprinted in 1986 U.S.C.C.A.N. 5266, 5267-68 [hereinafter Senate Report]. Emphasizing both difficulties in detecting fraud that stem largely from the unwillingness of insiders with relevant knowledge of fraud to come forward, see id. at 4, reprinted in 1986 U.S.C.C.A.N. at 5269, and "the lack of resources on the part of Federal enforcement agencies" that often leaves unaddressed "[a]llegations that perhaps could develop into very significant cases," id. at 7, reprinted in 1986 U.S.C.C.A.N. at 5272, Congress sought to "increase incentives, financial and otherwise, for private individuals to bring suits on behalf of the Government," id. at 2, reprinted in 1986 U.S.C.C.A.N. at 5267. Congress's overall intent, therefore, was "to encourage more private enforcement suits. " Id. at 23, quoted in 1986 U.S.C.C.A.N. at 5288-89; see also Killingsworth, 25 F.3d at 721 ("The amended Act `increased incentives, financial and otherwise, for private individuals to bring suits on behalf of the Government.'" (quoting Senate Report, supra, at 2, reprinted in 1986 U.S.C.C.A.N. at 5267)). The importance of the Act's incentive effect is evidenced clearly in the revised Act's structure. A relator who properly brings a claim will generally receive a share of the recovery as well as eligibility for attorneys' fees and costs. See 31 U.S.C.A. S 3730(d) (West Supp. 1994). This is true even if the government decides to intervene and conducts the action itself, see id. S 3730(d)(1), or elects to pursue its claim in an administrative proceeding, see id. S 3730(c)(5). The right to recovery clearly exists primarily to give relators incentives to bring claims.*fn8 Moreover, the extent of the recovery is tied to the importance of the relator's participation in the action and the relevance of the information brought forward.*fn9 This demonstrates not only the importance of the incentive effect, but that Congress wished to create the greatest incentives for those relators best able to pursue claims that the government could not, and bring forward information that the government could not obtain. Go to Qui Tam3 |
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