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Answer Center
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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