Relator

A relator is the private person who brings a qui tam lawsuit, most often under the federal False Claims Act. The relator sues in the name of the United States over fraud against the government, such as billing Medicare for services never provided or selling defective goods to the military. Relators are usually insiders: employees, former employees, contractors, or competitors who have direct knowledge of the fraud.

The case is filed under seal, meaning it is kept secret while the Department of Justice investigates. The government then decides whether to intervene and take over the case. If it declines, the relator can often continue on their own.

Under 31 U.S.C. 3730(d), a relator generally receives 15% to 25% of the recovery when the government intervenes, and 25% to 30% when the relator pursues the case without the government. The relator can also recover reasonable attorney fees and costs from the defendant. The statute also protects relators from retaliation, including being fired or demoted for their efforts to stop the fraud.

Being a relator is a serious commitment. Cases can take years, the relator's identity usually becomes public once the seal is lifted, and there are strict rules, including a bar on cases based on information that was already publicly disclosed unless the relator is an original source. Relators generally need a lawyer to file. Our whistleblower and qui tam page explains the process, and our whistleblower and Medicare fraud entries cover related terms.