Intervenor: Role in Qui Tam Cases

An in-depth look at the concept of an Intervenor in the context of Qui Tam litigation, its historical context, importance, applicability, and related legal frameworks.

Historical Context

The term “intervenor” in the context of Qui Tam cases finds its origins in Roman and English common law. Qui Tam, an abbreviation of a longer Latin phrase meaning “he who sues in this matter for the king as well as for himself,” is a unique legal provision where private individuals, known as whistleblowers or relators, can bring lawsuits on behalf of the government. The government or other designated entity, as the intervenor, then has the option to take over the prosecution of these cases.

Types/Categories of Intervenors

Governmental Intervenors

These include federal and state governments that choose to take over the prosecution of Qui Tam cases. For instance, in the United States, the Department of Justice (DOJ) often acts as the intervenor in federal Qui Tam cases.

Non-Governmental Intervenors

In certain instances, other entities such as local governments or specific agencies may have the authority to intervene in Qui Tam actions.

Key Events

• False Claims Act (1863): This act, passed during the American Civil War, provides the legal foundation for Qui Tam actions and government intervention.
• 1986 Amendments: Strengthened the provisions of the False Claims Act, increasing the role and significance of intervenors in prosecuting fraud against the government.

Detailed Explanations

Legal Definition and Process

An intervenor in a Qui Tam case is a party, typically the government, that opts to take over the prosecution of a case initiated by a private individual or relator. The process involves:

• Filing of the Qui Tam lawsuit: A relator files a lawsuit under seal to allow the government time to investigate the allegations.
• Government investigation: The government evaluates the claims to decide whether to intervene.
• Decision to Intervene: If the government opts to intervene, it assumes primary responsibility for prosecuting the case.
• Non-Intervention: If the government chooses not to intervene, the relator may proceed with the lawsuit independently.

Importance and Applicability

Intervenors play a crucial role in maintaining the integrity of government operations by prosecuting fraudulent activities. The government’s decision to intervene often adds significant legal and investigatory resources, increasing the chances of a successful outcome.

Examples and Considerations

• Health Care Fraud: Many Qui Tam cases involve health care providers who commit Medicare or Medicaid fraud. Government intervention is common due to the large sums of money involved and the complexity of such cases.
• Defense Contracting: Qui Tam actions frequently target defense contractors accused of overcharging or failing to deliver services. The government often intervenes in these high-stakes cases.

Related Terms

Qui Tam

An abbreviation of the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” referring to the provision allowing private individuals to sue on behalf of the government.

Relator

The whistleblower or private individual who initiates a Qui Tam lawsuit.

Comparisons

• Private Prosecution: In cases where the government chooses not to intervene, the relator can proceed without governmental assistance.
• Government Intervention: When the government intervenes, it assumes primary control of the case, often leading to more comprehensive resources being deployed in prosecution.

Interesting Facts

• High Success Rate: Qui Tam cases where the government intervenes have a significantly higher success rate compared to those where it does not.
• Financial Incentives: Relators are incentivized to report fraud because they can receive a portion of the recovered funds.

Inspirational Stories

Whistleblowers like Cheryl Eckard, who exposed the manufacturing deficiencies in a major pharmaceutical company, leading to a $750 million settlement, often rely on government intervention to bring about justice.

Famous Quotes

“The price of freedom is eternal vigilance.” – Thomas Jefferson. This quote emphasizes the importance of vigilance in protecting public interests, a key element in Qui Tam and intervenor actions.

Proverbs and Clichés

• Proverb: “He who helps justice will never be forgotten.”
• Cliché: “Blowing the whistle on fraud.”

Expressions, Jargon, and Slang

• Whistleblower: An individual who reports misconduct.
• Seal: The initial confidentiality of a Qui Tam lawsuit.

FAQs

Q1: What is the primary role of an intervenor in a Qui Tam case?

A1: The primary role is to take over the prosecution of the case, bringing additional resources and expertise to support the relator’s claims.

Q2: Can a case proceed if the government decides not to intervene?

A2: Yes, the relator can continue with the lawsuit independently, although the chances of success may vary.

Q3: What factors influence the government's decision to intervene?

A3: Factors include the severity of the alleged fraud, available evidence, potential recoveries, and resource availability.

References

• False Claims Act. (1863). Legal Information Institute. https://www.law.cornell.edu/uscode/text/31/subtitle-III/chapter-37/subchapter-III
• Qui Tam: The False Claims Act and Related Federal Statutes. John T. Boese. (2017).

Final Summary

The concept of an intervenor in Qui Tam cases underscores the critical role of government or other entities in prosecuting fraud on behalf of the public. Through historical evolution, legal mechanisms, and practical application, intervenors help protect public interests and ensure accountability. Understanding the dynamics of Qui Tam litigation and the role of intervenors enhances comprehension of legal processes aimed at combating fraud.