I. The False Claims Act

1. Claims
2. Qui Tam Awards
3. Retaliation Claims
4. Burden of Proof
5. Statute of Limitations
6. Common Types of Qui Tam Cases

II. Claims That Are Not Actionable

1. The Public Disclosure Bar
2. Public Disclosure
3. Original Source

III. Unique Procedural Requirements of Qui Tam Cases

IV. Dangers of Filing a Qui Tam Case

V. Anatomy of a Qui Tam Case

1. Uncovering and Assessing the Fraud
2. Considering Whether to Inform the Potential Defendant
3. State False Claims Acts
4. Disclosure Statement
5. Disclosure Prior to Filing Suit
6. The Investigatory Phase

VI. Profile of a Relator: How the Decision to Sue is Made

1. Relator Personality
2. Relator Needs
3. Working with the Relator
4. Relator Checklist
5. Relator’s Inability to Focus
6. Unavailability of Documents and Other Witnesses
7. The Role of the Affected Agency

VII. Government Profile: How the Intervention Decision is Made

1. Scope of Relator’s Counsel’s Investigation
2. Tracking of the Statute
3. Profile of the Government
4. Government Needs
5. Legal and Factual Predicates
6. Working with the Government
7. Do’s and Don’ts

VIII. Defenses

1. Government Knowledge
2. Constitutionality

IX. Section 3730(h) Retaliation Claims

X. Litigating the Intervened Case

XI. Litigating the Nonintervened Case

1. Alternate Remedy

XII. The Relator Share

XIII. Settlement

XIV. Fee Agreements, Statutory Attorney Fees, and Taxability of Relator Share

Appendix 1. Text of the Statute

Appendix 2. Forms

1. Request to Withhold Issuance of Summons
2. Motion to File Complaint In Camera and Under Seal
3. Proposed Seal Order
4. Transmittal Letter to the Government
5. Transmittal Letter to the Court
6. Sample Disclosure Statement
7. Sample Complaint
8. Sample Fee Agreement
9. Sample Settlement Agreement