Historical Context
The term “Relator” originates from legal contexts, particularly in relation to the False Claims Act (FCA) in the United States. The FCA was originally enacted during the American Civil War in 1863 to combat fraud by suppliers of the Union Army. The term “Relator” has evolved to specifically denote individuals who initiate Qui Tam lawsuits under this act.
Types/Categories of Whistleblowers
- Internal Whistleblowers: Employees within an organization who report misconduct to authorities within the same organization.
- External Whistleblowers: Individuals who report misconduct to external entities like regulatory agencies or the media.
- Third-Party Whistleblowers: People who may not be directly affected by the misconduct but have credible information to report.
- Anonymous Whistleblowers: Those who report wrongdoing without revealing their identity.
Key Events
- 1863: Enactment of the False Claims Act by President Abraham Lincoln.
- 1986: Significant amendments to the FCA which included protections and incentives for whistleblowers.
Detailed Explanation
A Relator is a private individual who brings a Qui Tam action on behalf of the government. This individual exposes fraud and false claims made against government programs or contracts.
Qui Tam Action
Under the FCA, a Qui Tam action allows the relator to sue the wrongdoer on behalf of the government. If successful, the relator may receive a percentage of the recovered damages.
Importance and Applicability
The role of a relator is crucial for uncovering fraud against the government. Their actions help in:
- Recovering billions of dollars annually.
- Ensuring integrity in government contracts and programs.
- Acting as a deterrent against fraudulent activities.
Examples
- Healthcare Fraud: A relator in the healthcare industry might expose fraudulent claims submitted to Medicare.
- Defense Contractor Fraud: A defense contractor employee might reveal false billing practices or defective product supplies to the military.
Considerations
- Legal Protections: The FCA provides whistleblowers with protection against retaliation.
- Financial Rewards: Successful relators may receive 15-30% of the recovered amount.
- Ethical Considerations: Whistleblowing often involves ethical dilemmas and potential personal and professional repercussions.
Related Terms with Definitions
- False Claims Act (FCA): A federal law that imposes liability on individuals and companies who defraud governmental programs.
- Whistleblower: A person who exposes any kind of information or activity deemed illegal or unethical.
- Qui Tam: A provision that allows individuals to file actions on behalf of the government.
Comparisons
- Relator vs. Whistleblower: While all relators are whistleblowers, not all whistleblowers are relators. The term relator is specific to those who bring a Qui Tam action under the FCA.
Interesting Facts
- The FCA is also known as the “Lincoln Law”.
- One of the largest Qui Tam settlements was $3 billion paid by GlaxoSmithKline in 2012.
Inspirational Stories
- Cheryl Eckard: A whistleblower who exposed significant safety violations at GlaxoSmithKline, leading to a $750 million settlement.
Famous Quotes
- “Courage is the first of human qualities because it is the quality which guarantees the others.” — Aristotle
Proverbs and Clichés
- “Whistleblowers are the watchdogs of democracy.”
Expressions
- “Blowing the whistle”
- “Exposing the truth”
Jargon and Slang
- Qui Tam: Latin for “who as well”.
- Kickback: An illicit payment made in return for facilitating a transaction or appointment.
FAQs
Who can become a relator?
What protections do relators have?
How much can a relator earn?
References
- United States Department of Justice (DOJ)
- The False Claims Act (FCA)
Summary
A Relator plays a vital role in the enforcement of the False Claims Act by bringing forth Qui Tam actions that expose fraud against the government. By understanding their importance, historical context, and the protections available to them, we can appreciate the significant contributions they make to society and the legal system.
