To qualify as a whistleblower under the False Claims Act, the whistleblower must be the “original source” of the information. Providing information or allegations that have been publicly disclosed often disqualifies a whistleblower in a false claim action.
The False Claims Act requires the whistleblower to voluntarily disclosed the information to the government and “has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions.”
The False Claims Act is designed to reward whistleblowers that voluntarily provide useful information, and not those reposed to a governmental inquiry – such as a subpoena. See, United States ex rel. Paranich v. Sorgnard, 396 F.3d. 326 (3d Cir. 2005)
In U.S ex rel. Mateski v Raytheon, 816 F. 3d 565 (9th Cir. 2016), applying the “level of generality” test, allowed the relators suit to proceed because the suit was based on “genuinely new and material information” and the allegations where different “in kind and in degree” from facts previously disclosed.
If you have information of fraud against the government, and are considering on becoming a whistleblower, contact Miller Law Group for more information. It is important to protect your rights under the False Claims Act.