The qui tam relator’s share of the case's recovery is set by
statute. If the Government intervenes to conduct the action, a
relator receives 15% to 25% of the Government's financial
recovery. If the Government
does not conduct the action and the relator is successful, the
relator's share is 25% to 30%.
However, if the relator “planned
and initiated” the violation, the court may reduce the share to be
paid to the relator from any recovery obtained. If the relator is
convicted of criminal conduct arising from the relator’s role in
the violation, the relator receives nothing.
Where the qui tam
action is based upon a "public disclosure" of specific information
and the Government proceeds with the action, but the relator did
not make the "public disclosure," the court may award any
appropriate sum, not to exceed 10% of the recovery.
All of these
provisions are found in 31 U.S.C. § 3730(d)(1)-(d)(3).