Is there a race to the courthouse where more than one person could file as a qui tam relator?
Yes, the False Claims Act has a “first to file” Rule. Only one qui tam action can be brought based on the same facts. Thus, the first action filed bars others brought later that are based on the same facts. So there is, literally, a race to the courthouse. The first whistleblower wins the race and prevents later qui tam plaintiffs from being successful in bring a lawsuit.
