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Working with a theological commission established by the congregation, the relator would have to ensure that the "positio," or a dissertation summarizing the life and virtues of the candidate is properly prepared.
For such reasons, the court says, 'the bona fide and the conduct of the relator is quite significant' but at the same time the most important aspect is 'whether from the grounds set out in the petition a prima facie serious case, falling within the purview of quo-warranto jurisdiction, is made out'.
Under this interpretation, once the first action ends, a second relator theoretically can bring a suit based on the same facts--provided, of course, that the subsequent suit is filed within the statute of limitations.
If the government declines to intervene, the relators can still bring the action themselves on behalf of the government.
If we are correct that the FCA may be invoked to remedy frauds directed at government spending in the form of tax expenditures, then the FCA not only provides greater protection to the government than courts have recognized, but also offers relators a new way to vindicate individual and class rights as those become increasingly difficult to enforce through traditional mechanisms.
In considering those settlements, or in considering a possible settlement with a qui tam relator bringing an FCA case, one must understand the role that the federal government plays in any FCA settlement.
In contrast, the Court of Appeals for the Ninth Circuit has held that "the consent provision contained in [sec] 3730(b)(1) applies only during the initial sixty-day (or extended) period" after a relator files the action, unless the government chooses to intervene.
improve access to the judicial system for relators and avoid the
53) Unfortunately for relators, the act of filing a false claim is the principal element in an FCA action, and yet, many relators lack specific information about whether a false claim was actually filed, unless of course, the relator has access to the defendant's accounting or billing department.
These relators are often former employees of the company, but corporate whistle-blowers, including competitors or former business partners, are becoming more common.
At the heart of the qui tarn provision lies the first-to-file bar, which provides that, once a first relator has filed a complaint, subsequent relators are prohibited from coming forward with complaints based on the facts underlying the first relator's pending action.