What if my Claims Have Already Been Publicly Disclosed?
If the qui tam action is “based upon” the public disclosure it may be not be allowed to be brought. Public disclosures include:
- criminal, civil, or administrative hearing;
- congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or
- the news media,
If the information is "based upon" a public disclosure you may still qualify as an “original source” and falls within an exception to the public disclosure bar. In order to fall within the exception, you must have direct and independent knowledge of the fraud and you must voluntarily provided the information to the federal government. If your job duties require you to report fraud to the government or you are required to answer questions about the fraud to a federal investigator, the disclosure may not qualify as "voluntary."