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The False Claims Act and Qui Tam Suit



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The False Claims Act, also known as the "Lincoln Law", goes back to the Civil War. President Lincoln signed the law into law in 1863 because war profiteers sold poor supplies to the Union Army at high prices. The original law included qui tam [1] provisions that allowed an individual (plaintiff) to sue those who deceived the federal government. If the trial was successful, the plaintiff would receive 50% of any recovery from the defendant.

" Qui tam " is an abbreviation of the Latin phrase " qui tam pro si domino rege quam ipso in hac parte sequitur "which means" Who sues on behalf of the king as well as for himself. " There are a number of pronunciations for the Latin abbreviation qui tam . The simplest is key tam (rhymes on "ham"). Black & # 39 ;s Law Dictionary suggests kweye (rhymes on "eye") tam.

The False Claims Act makes it illegal to knowingly (1) present or cause to be presented to the United States a false or fraudulent claim for payment or approval, 31 USC § 3729 (a) (1) (2006); (2) make or use a false record or statement material for a false or fraudulent claim, § 3729 (a) (1) (B); or (3) use a false record or statement to conceal or reduce an obligation to pay money to the United States, § 3729 (a) (7) (2006). According to the law, private individuals…, called "relatives", can bring civil action called qui tam action on behalf of the United States to recover money paid by the government as a result of conduct prohibited by law. Glaser v. Wound Care Consultants, Inc., 570 F.3d 907, 912 (7th Cir. 2009). As an incentive to bring an action, a current relative can collect a significant proportion of all funds recycled for the benefit of the government. In order to establish civil liability under the False Claims Act, a relative must generally prove (1) that the defendant made a statement to obtain money from the government; (2) that the claim was false; and (3) that the defendant knew that the statement was false. For example. USA Ex Rel. Gross v. Aids Research Alliance – Chicago 415 F.3d 601, 604 (7th Cir. 2005); USA and the State of Wisconsin v ACACIA Mental Health Clinic USCA, 2016 WL 4555648 (2016)

insurance fraud by taking the profits from the crime. Insurance companies will discover that a qui tam action against fraud conspiracies can become a major profit center and a serious deterrent for those who are not afraid of becoming one of the rare arrests and who commit insurance fraud without caring about the reverse of the crime.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.

He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry.

Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.

He is available at http://www.zalma.com and zalma@zalma.com. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claimants to become professionals in insurance claims.

Go to training available at https://claimschool.com; articles at https://zalma.substack.com, the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos at https://www.rumble.com/zalma; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud- letter -2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4


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