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

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