What amount can the relator recover for bringing a qui tam case?
The qui tam relator’s share of the case’s recovery is set by statute. If the Government intervenes to conduct the action, a relator receives 15% to 25% of the Government’s financial recovery. If the Government does not conduct the action and the relator is successful, the relator’s share is 25% to 30%. However, if the relator “planned and initiated” the violation, the court may reduce the share to be paid to the relator from any recovery obtained. If the relator is convicted of criminal conduct arising from the relator’s role in the violation, the relator receives nothing. Where the qui tam action is based upon a “public disclosure” of specific information and the Government proceeds with the action, but the relator did not make the “public disclosure,” the court may award any appropriate sum, not to exceed 10% of the recovery. All of these provisions are found in 31 U.S.C. § 3730(d)(1)-(d)(3).
