Qui Tam Law

The FCA states that “[a] person may bring a civil action for a violation of section 3729 for the person and for the United States government.” 31 U.S.C. §3730(b)(1). Thus, the statute explicitly gives a relator the right to proceed as a real party in interest in a qui tam action. The statute does not indicate that a relator does not retain standing after the government intervenes. In fact, the statute provides for the opposite, stating: “If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action . . . .” 31 U.S.C. § 3730(c)(1) (emphasis added). Thus, by automatic operation of the statute, the Government’s complaint in intervention becomes the operative complaint as to all claims in which the government has intervened. See United States ex rel. Feldman v. City of New York, 808 F. Supp. 2d 641, 648-49 (S.D.N.Y. 2011)).

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