Are there statutory limitations in the FCA as to who can file a qui tam action?
Section 3730(e),”Certain Actions Barred,” is of crucial importance to defendants in qui tam actions. This is because Section 3730(e) contains jurisdictional provisions that limit the ability of potential relators to institute actions. For example, Section 3730(e)(3) forecloses any action that “is based upon allegations or transactions which are the subject of a civil suit or an administrative civil monetary penalty proceeding in which the Government is already a party.” This provision is rather straightforward; this is not so for other components of the section. The most important jurisdictional bar relied upon by defendants to terminate qui tam litigation is found in Section 3730(e)(4)-the so-called “public disclosure bar.” The reported cases construing this section run into the hundreds; this is a stark tribute to its potent power to terminate qui tam suits in their tracks. This is because unless a relator can satisfy Section 3730 (e)(4), its action is jurisdictionally barred. An ext
