| 词汇 | Qui Tam3 |
| 释义 | `1`Qui Tam3 `2` "Legal Lexicon": The Act's jurisdictional provisions also demonstrate Congress's concern with maintaining adequate incentives for those who materially would advance the goals of revealing fraud and supplementing government enforcement efforts. Under the Act, if an action is "based upon the public disclosure of allegations or transactions in" certain specified proceedings, reports, or mediums, a qui tam action cannot be brought unless the relator "is an original source of the information" on which the allegations are based. 31 U.S.C.A. S 3730(e)(4)(A) (West Supp. 1994). We held in Wang that "section 3730(e)(4)(A) requires a qui tam plaintiff to have played some part in his allegation's original public disclosure." Wang, 975 F.2d at 1418. Reviewing the history of the Act's jurisdictional provisions and the concerns that led Congress to amend the Act in 1986, we concluded that "Congress wanted in 1986 what it apparently thought it had in 1943: a law requiring that the relator be the original source of the government's information." Id. at 1419 (emphasis in original). We therefore held that engrafting a requirement that "a qui tam plaintiff . . . have played some part in his allegation's original public disclosure," id. at 1418, was in accord with Congress's purpose "of encouraging private individuals who are aware of fraud being perpetuated against the Government to bring such information forward," id. at 1419 (internal quotations omitted)), because it "`discourages persons with relevant information from remaining silent and encourages them to report such information at the earliest possible time,'" id. (quoting United States ex rel. Dick v. Long Island Lighting Co., 912 F.2d 13, 18 (2d Cir. 1990)). Creating incentives for those with knowledge of fraud to come forward was not Congress's sole objective. In carefully crafting provisions that specify the relator's recovery and in amending the jurisdictional provisions, it is clear that Congress attempted "to walk a fine line between encouraging whistle-blowing and discouraging opportunistic behavior." Quinn, 14 F.3d at 651. Moreover, once a claim is filed, it is clear that an important concern is ensuring that the United States' rights are not prejudiced by the relator's conducting of the action. That is why the government can object to a settlement between a relator and defendant when the settlement might be structured artificially to defeat the United States' right to recovery. See Killingworth, 25 F.3d at 723-25. That is also why the government retains the right to intervene for good cause and to reduce substantially the relator's role. See 31 U.S.C.A. S 3730(c). The private right of recovery created by the qui tam provisions of the FCA exists not to compensate the qui tam relator, but the United States. The relator's right to recovery exists solely as a mechanism for deterring fraud and returning funds to the federal treasury. See Kelly, 9 F.3d at 760. Therefore, qui tam actions exist only to vindicate the public interest. |
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