U.S. Department of Justice, Civil Division

False Claims Act qui tam

A civil statute that lets a private person sue in the government’s name over false claims for federal money, and share in a recovery if the suit succeeds.

Not legal advice. Program rules are set by the government sources linked on this page.

Last updated October 21, 2026

What the statute is

The Civil Division says the False Claims Act, 31 U.S.C. §§ 3729–3733, was enacted in 1863. It says any person who knowingly submits, or causes the submission of, a false claim to the government is liable for three times the government’s damages plus a penalty linked to inflation. Liability can also arise from a false record material to a false claim, from improperly avoiding an obligation to pay the government, or from a conspiracy to commit those acts. 1 Source 1

The same page says private citizens may file suits on behalf of the government, called qui tam suits, and may receive a portion of the government’s recovery. The Civil Division reported more than $2.9 billion in settlements and judgments in civil fraud and false-claims cases in the fiscal year ending September 30, 2024. 1 Source 1

A Civil Division primer says the Act does not apply to tax claims under the Internal Revenue Code. Tax information belongs with the IRS Whistleblower Office, which is a different program. 2 Source 2

Who runs it

The primer says the Attorney General diligently investigates violations and may bring a civil action. A private person may sue in the name of the government. The Civil Division page says many Fraud Section investigations begin with qui tam actions. The suit is filed in federal court, not submitted as an award application on an agency form. 1 Source 1 2 Source 2

What qualifies

The primer says liability generally requires a knowingly false claim, a knowingly false record used to get a claim paid, a conspiracy, or an improper avoidance of money owed to the government. “Knowingly” includes actual knowledge, deliberate ignorance, or reckless disregard. A specific intent to defraud is not the formulation the primer uses. 2 Source 2

The primer says a claim includes a demand for federal money, including a demand to a contractor or grantee when the federal government provides or reimburses any of the money. Health care billing, grants, and contracts are common settings in the Department’s public cases. This page does not decide whether a particular set of facts is a false claim. 2 Source 2

Relator share, as the statute reprinted by DOJ states it

The primer’s statutory appendix reprints 31 U.S.C. § 3730(d). If the government proceeds with the action, the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement, depending on how substantially the person contributed. If the court finds the action was based primarily on certain public disclosures, other than information the person provided, the court may award no more than 10 percent. 2 Source 2

If the government does not proceed, the person shall receive not less than 25 percent and not more than 30 percent of the proceeds, in an amount the court decides is reasonable. Reasonable expenses and attorneys’ fees are awarded against the defendant. The government is not liable for the relator’s expenses in bringing the action. 2 Source 2

If the court finds the person planned and initiated the violation, it may reduce the share. If that person is convicted of criminal conduct arising from that role, the person is dismissed from the action and receives no share. The primer’s current-dollar penalty figures are not repeated here. The Civil Division’s present page says the penalty is linked to inflation and does not state a dollar amount. 1 Source 1 2 Source 2

How a qui tam is filed

The primer says the relator files the complaint in camera, under seal, and serves the government with a copy of the complaint and a written disclosure of substantially all material evidence. The complaint is not served on the defendant until the court orders it. DOJ’s “Report Fraud Against the Federal Government” page says many people obtain counsel before filing because of those procedures. This site does not file cases and does not collect complaints. 2 Source 2 3 Source 3

That DOJ page also describes reporting to the inspector general of the agency that was defrauded, or to the FBI. For the button on this site, use America.gov/fraud, which the Justice Department identified in October 2026 as the public fraud portal, or the Justice Department pages linked in Sources. 3 Source 3 4 Source 4

Anonymity

Seal limits who sees the complaint at the start. It is not the same as the SEC’s anonymous-tip procedure. The relator brings the action and is a named party. The government may later ask the court to keep the case sealed for longer. The sources reviewed here do not promise that a relator’s name stays nonpublic. 2 Source 2

Deadlines

The complaint remains under seal for at least 60 days. The government may move for extensions, supported in camera. The defendant is not required to respond until 20 days after the complaint is unsealed and served. 2 Source 2

The primer reprints 31 U.S.C. § 3731(b): a civil action under section 3730 may not be brought more than 6 years after the violation, or more than 3 years after the responsible U.S. official knew or should have known the material facts, and in no event more than 10 years after the violation, whichever occurs last. Confirm the current code before relying on a date. 2 Source 2

Questions readers ask

Is a qui tam the same as the new WHIP reward?

No. WHIP, as the October 20, 2026 release describes it, is a discretionary $10,000 to $30,000 payment after criminal charges are unsealed. A qui tam is a civil lawsuit with a statutory share of the recovery. The release says a person may remain eligible for other programs. It does not say both payments are automatic. 2 Source 2 5 Source 5

Does the government have to take over the case?

No. The primer says that if the government elects not to proceed, the person who filed may conduct the action. The government may ask to intervene later for good cause. 2 Source 2

Sources

  1. The False Claims Act, Civil Division, updated January 15, 2025 U.S. Department of Justice
  2. The False Claims Act: A Primer, Civil Division, including its statutory appendix U.S. Department of Justice
  3. Report Fraud Against the Federal Government, Civil Division, updated March 13, 2025 U.S. Department of Justice
  4. America.gov/fraud reporting page America.gov
  5. Justice Department announcement of the Fraud Whistleblower Incentive Program, October 20, 2026 U.S. Department of Justice