Is the Relator an Original Source?
The FCA defines an “original source” as “an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the government before filing an action under this section which is based on the information.”20 This is a three-pronged analysis. The whistleblower must show: (1) that his knowledge is “direct and independent” of the information that has been publicly disclosed; (2) that he voluntarily provided the information to the government; and (3) the information was provided “before filing and action.”21 The courts have interpreted the word “direct” to mean firsthand knowledge, gained by the relator’s own efforts and not acquired from the efforts of others,22 while “independent knowledge” has been defined as not being dependent on public disclosure.23 More interesting, however, are some judicially imposed requirements for qualification as an original source that are not clearly set forth in the statut
