No. Generally, only a “person” as that is defined under the Act
can sue or be sued. Under the False Claims Act, the term “person” includes
organizations of persons, such as corporations.
Employees: An employee who blows the whistle on his or her
employer is one of the most common types of relators. Experience
has shown that employees normally file qui tam actions against
their employers as a last resort after repeated attempts to
resolve the issues internally (very often through so-called
internal "hotlines") have met with negative results. An important
provision of the 1986 amendment protects employees who file an
action, or assists in furthering an action, against job
retaliation by the employer.
Former employees: This is another common type of whistleblower
who files a qui tam action. A former employee files a qui tam
action based on his or her direct knowledge of fraud on the part
of their former employer. In many cases, the former employee was
terminated or quit under duress as a result of trying to blow the
whistle internally.
Competitors and Subcontractors: Another type of relator is the
competitor of the company being charged or an employee of the
competitor who has direct knowledge of the fraud being committed.
Also, companies or persons who subcontract with a Government
contractor have filed qui tam actions against the contractor.
State and Local Governments: The 1986 Amendments gave state and
local governments the power to be relators in qui tam actions.
Since then, there have been a number of qui tam actions filed by
local and state governments against contractors and medical
providers as a means of recovering state or local revenue lost as
a result of the schemes.
Federal Employees: A much maligned group are federal employees
who file qui tam actions. The Act, as amended in 1986, does not
exclude federal employees from being a relator. However, when a
federal employee does file a qui tam action, it can result in
considerable controversy and numerous court challenges. Despite
the court challenges, a recent federal appeals court decision
upheld the right of a federal employee to be a relator in a qui
tam action.
Other types of qui tam relators have included public interest
groups, unions, corporations and other private organizations. However,
some corporate relators have raised questions as to whether they
can meet the "public disclosure" provision of the law. Some courts
have not allowed organizations or corporations to be False Claims
Act relators.