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What steps should be taken to prevent the “public disclosure” rules from thwarting a valid claim under the False Claims Act?

The best way to try to prevent the “public disclosure” law from preventing a qui tam plaintiff from pursuing a claim, is to carefully make a disclosure and provide information about the potential defendant’s scheme to the United States before filing a qui tam action, as indicated in 31 U.S.C. § 3730(e)(4)(B). Ultimately, the “original source” provision helps protect a relator’s right to file suit after this voluntary disclosure to the Government. Other ways to avoid this jurisdictional bar are to not contact the press about the matter prior to a False Claims Act case being unsealed and to promptly pursue the filing of a qui tam action prior to when others might make a “public disclosure” about aspects of the claims.

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