In a qui tam (pronounced Kee-tam) action a private party (person or entity) brings an action by filing a lawsuit or claim on behalf of the government. The private party is called the relator and the government is the real plaintiff.
For example, under the federal False Claims Act a private party may bring a qui tam action against a party who has defrauded the federal government by submitting false claims for goods or services. See 31 U.S.C. §3279. If the lawsuit or claim is successful, the relator may receive up to 30% of the government’s recovery.
Because the relator is bringing the fraud to the attention of the federal government they are sometimes referred to as whistleblowers and the lawsuit or claim may be referred to as a whistleblower action.
Qui tam actions may originate in most any of the federal government’s departments, but two of the most common are the military (defense contractors selling goods and services to the U.S. government) and health care (Medicare and Medicaid services sold to the U.S. government). The Fraud Section of the United States Department of Justice generally investigates qui tam claims.
Most states also have a law known as the False Claims Act that that provides for qui tam or whistleblower actions brought on behalf of the state government. These laws vary from state to state and are usually located in a state’s statutes.
In Kansas, similar to federal law, individuals known as 'relators' can bring qui tam actions under the Kansas False Claims Act (KFCA). This allows them to file lawsuits on behalf of the state government against entities or individuals who are suspected of defrauding state programs or agencies. The KFCA is designed to combat fraud against the state government and incentivizes whistleblowers by offering them a portion of the recovered funds if the action is successful. The percentage of the reward can vary, but it generally aligns with the federal False Claims Act, which allows for up to 30% of the government's recovery to be awarded to the whistleblower. These actions can be related to various state departments, with healthcare and defense contracting being common areas for such claims. The Kansas Attorney General's office would typically be involved in investigating and prosecuting these qui tam claims under state law.