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Expert Analysis

Disclosures To Gov't Should Bar Whistleblower FCA Claims

Law360, New York (April 4, 2014, 11:39 AM EDT) -- A recurring issue in False Claims Act cases has been whether a defendant's disclosure directly to government investigators in connection with an official investigation triggers the statute's public disclosure bar. The public disclosure bar precludes qui tam suits because when the information at issue has already been made available to the relevant government personnel, thus placing them on direct notice of the potential fraud, the relator brings little or no value to the table, and thus, should not share in any recovery....

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