The term "qui tam" is from a Latin phrase which, loosely translated, means "he who sues on behalf of the king." Early English and American qui tam provisions were frequently used by private citizens to recover unpaid customs duties owed the monarch or the government. Recoveries were split, usually 50-50, between the private citizen and the government.

The qui tam provisions are based upon common law developed by judges over hundreds of years and by statutory traditions providing for private, not governmental, enforcement of laws. The "qui tam" aspect predates our Constitution and can be traced back to the 14th century in England.

In the 18th century, many of the First Congress' enactments were some type of qui tam or "bounty hunter" laws. At that time, there was no Department of Justice to enforce national laws—our new federal government was dependent upon the states to enforce federal laws or upon private attorneys general under the qui tam statutes. The qui tam provisions helped ensure law enforcement and generated substantial funds for the new federal government's treasury.

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