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Qui Tam Actions

Qui Tam Actions (Whistleblower Lawsuits) Can Be Rewarding For Those Who Blow The Whistle On Government Fraud

Black's Law Dictionary (9th ed.) defines "qui tam" actions as "an action brought under a statute that allows a private person to sue for a penalty, part of which the government ... shall receive." The words are Latin for "who as well."  Qui Tam actions are more commonly referred to as Whistleblower Lawsuits.

In Georgia, the False Information Act is found in O.C.G.A. § 23-3-120 through  O.C.G.A. § 23-3-127.    Additionally, the Georgia False Claims Act, governed by O.C.G.A. § 49-4-168 through O.C.G.A. § 49-4-168.6, is a state law, also known as the State False Medicaid Claims Act, that enables citizens with knowledge of past or present fraud committed against the Georgia Medicaid program to sue on the state government's behalf.  There is also the Federal False Claims Act (FCA), governed by 31 U.S.C. § 3729, that enables private citizens with knowledge of past or present fraud on the federal government to sue on the government's behalf.

Remember:  A Qui Tam action only exists where the action results in recovery of funds for the government. It is not applicable in a consumer fraud action.

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