FCA Ruling Shows Importance Of Relator As Original Source

By Kenneth Abell (June 5, 2020, 7:37 PM EDT) -- It seems self-evident that a whistleblower, known as a relator in False Claims Act parlance, should not be able to derive a financial benefit by bringing to the government information of which the government is already aware or which already exists in the public domain.

That principle is enshrined in the so-called public disclosure bar of the FCA, which was most recently amended in 2010 by the Patient Protection and Affordable Care Act, or ACA.[1]

In sum and substance, the public disclosure bar states that a relator's qui tam action under the FCA is not viable if the essence of the...

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