A relator (whistleblower) is someone who files a qui tam, or False Claims Act, lawsuit on behalf the US government. They don’t have to be directly harmed by the fraud. Most people can be relators, but there are some key points to consider. To be a relator in a qui tam lawsuit under the False Claims Act, you must meet certain criteria. Some are formal legal requirements, while others are about the personal traits of the relator. Let’s break down who can qualify as a relator.
Common Types of Relators
Relators are often current or former employees of the company committing fraud against the government, or they may have business dealings with that company. This makes sense because relators need inside information to help prove the case or assist the government if it gets involved. It is possible for non-insiders to file qui tam complaints, though they must have a high degree of specificity about the alleged fraud and may face legal challenges that insiders do not.
Key Requirement: Insider Information
The most important qualification is having information that is not publicly known. The government is willing to share any recovered money because it gets access to new evidence it couldn’t get on its own. If the evidence is already available, there’s no reason for the government to share the recovered money.
Can Federal Employees Be Relators?
Generally, federal employees cannot be relators, though there is currently some legal debate on this issue.
Other Important Qualities for Relators
A successful qui tam relator—a whistleblower who brings a case under the False Claims Act on behalf of the government—needs several key qualities to navigate the complex and often demanding legal process. Here are some of the essential qualities for a qui tam relator:
- Integrity and Credibility: A strong reputation for honesty and reliability helps establish credibility with the government and the court. A relator with a good track record bolsters the case’s strength.
- Detail-Oriented: Whistleblower cases require extensive documentation and understanding of complex details. Relators must be thorough, as they are responsible for identifying and gathering specific evidence of fraudulent activities.
- Persistence and Patience: Qui tam cases can take years to resolve, with extensive government investigations before any legal action. A patient and resilient relator is better prepared for this prolonged process.
- Courage and Ethical Conviction: Whistleblowers often face pressure from employers or colleagues and sometimes even retaliation. A relator must have a strong sense of ethics and courage to bring forth allegations, especially against a current or former employer.
- Informed About the Fraud: Relators typically need firsthand information about the fraud—being an insider with unique access to relevant details is a huge asset. They should clearly understand the mechanics of the wrongdoing and how it violates federal law.
- Good Communicator: Relators must communicate effectively with their legal team, the government, and sometimes the public. Clear communication is essential in preparing the case and working through the legal process.
- Understanding of Confidentiality and Trust: A successful qui tam case relies on the relator’s ability to maintain confidentiality. A trusted relationship with their legal team and a careful approach to safeguarding information are critical.
- Cooperativeness with Investigators: The government may ask for additional information, clarification, or documentation over time. A cooperative and responsive relator is invaluable, especially when working with government investigators and attorneys.
- Realistic Expectations: While a successful case may lead to a financial award, the process is unpredictable and may not always yield the desired outcome. A realistic approach to both the risks and rewards helps relators stay grounded throughout the case.
- Team Player: Relators work closely with attorneys and, at times, other relators in joint actions. Being a team player and open to collaboration enhances the case’s success.
A skilled attorney is crucial to guide relators in understanding these demands and achieving the best possible outcome. If you believe you have a possible qui tam case, call Hoyer Law Group today for a consultation.
