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Information for Clients
9. Can you accept the fact that, at some point, it is likely your role as a whistleblower will be revealed to the defendant(s) and possibly made public?
10. Do you realize that once you start the suit, the U.S., state or local government may get involved and, if they do, you will not have control over whom they will investigate and possibly sue or prosecute criminally?
11. Will the targeted entity or person have the financial
ability to pay the U.S., state or local governments if your case is
successful?
DOJ INTERNAL RELATOR’S SHARE GUIDELINES
December 10,
1996 Relator's Share Guidelines Section 3730(d)(1) of the False
Claims Act ("FCA"), 31 U.S.C. §§ 3729-33, provides that a qui tam
relator, when the government has intervened in the lawsuit, shall
receive at least 15 percent but not more than 25 percent of the
proceeds of the FCA action depending upon the extent to which the
relator substantially contributed to the prosecution of the action.
When the government does not intervene, section 3730(d)(2) provides
that the relator shall receive an amount that the court decides is
reasonable and shall be not less than 25 percent and not more than
30 percent.
The legislative history suggests that the 15 percent
should be viewed as the minimum award - a finder's fee - and the
starting point for a determination of the proper award. When trying
to reach agreement with a relator as to his share of the proceeds,
or proposing an amount or percentage to a court, we suggest that you
begin your analysis at 15 percent. Then consider if there are any
bases to increase the percentage based on the criteria set forth
below. Having done this, consider if that percentage should be
reduced based on the second set of criteria. Of course, absent one
of the statutory bases for an award below 15 percent discussed at
the end of these guidelines, the percentage cannot be below 15
percent (or 25 percent if we did not intervene). Items for
consideration for a possible increase in the percentage.
Whistleblower Law Team at: Phone:
800-777-0356 Email: Info@Wblteam