Volume 94 - No. 4 Minnesota Law Review

Note, Deterring Fraud to Increase Public Confidence: Why Congress Should Allow Government Employees to File Qui Tam Lawsuits

Contractor fraud against the government is rampant as contractors regularly inflate the cost of their services and overcharge the government for their work. The federal False Claims Act (FCA) is the government’s most successful litigation tool for combating fraud, resulting in recoveries of approximately $22 billion since 1986. Traditionally, the FCA empowers the Department of Justice and private citizens, known as qui tam relators, to bring FCA claims against contractors who knowingly submit a fraudulent claim for payment to the government. Actions by relators have been particularly successful, resulting in recoveries of almost $14 billion under the FCA since 1986.

This success has ignited debate about expanding those who can serve as relators to include government employees. Indeed, the legality of allowing government employees who obtained information of fraud during the course of their employment to serve as relators currently divides the courts. This Note argues that Congress should pass legislation to allow federal government employees to act as relators to save the government money, deter fraud, and increase trust in government. The United States is fighting two wars and holding off an economic collapse—now is the time to embrace measures that save the American taxpayer money and augment the image of the U.S. government.

:: View PDF

De Novo

  • Dan’s Flaw

    DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and Paul is restrained and delivered […]

  • Case Comment: Bhogaita v. Altamonte

    EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit.[1] Although the case presented many serious issues regarding the Fair Housing […]

  • Revisiting Water Bankruptcy

    REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself[1]—Governor Jerry Brown issued an unprecedented order to reduce potable urban water usage by twenty-five percent.[2] In […]