The spelling of "qui tam" may seem confusing, but it's actually quite simple once you understand the origin of the phrase. It comes from Latin and is pronounced "kwee tam" (/kwiː tæm/). The term is typically used in legal contexts to refer to a whistleblower who exposes fraudulent or illegal activity. The unique spelling, with its use of a "q" instead of a "c," is a result of the Latin spelling of the word. Despite its appearance, the pronunciation remains straightforward and easy to grasp.
Qui tam is a Latin term that translates to "he who sues for the king as well as for himself." In legal context, it refers to a legal concept that allows private individuals, known as "relators," to bring a lawsuit on behalf of the government and themselves, typically in cases involving fraud or wrongdoing against the government. Qui tam actions are most commonly associated with the False Claims Act (FCA) in the United States.
Under qui tam provisions, if the relator's lawsuit results in a successful recovery for the government, the relator is entitled to receive a portion of the recovered funds as a reward, which serves as an incentive for individuals to come forward with information about fraud. It empowers private citizens to act as whistleblowers, exposing fraudulent activities that may otherwise go undetected.
To initiate a qui tam action, the relator must possess firsthand knowledge or evidence of the fraudulent activity. They file the lawsuit under seal, meaning it remains confidential while the government investigates the allegations. If the government decides to join the lawsuit, it takes the lead in the litigation. If the government does not intervene, the relator can still continue the case independently.
Qui tam serves as a crucial tool in combating fraud against the government, as it utilizes the resources and expertise of private citizens in exposing and pursuing legal action against those engaging in fraudulent activities. It holds wrongdoers accountable and provides financial incentivization for individuals to uncover and report fraudulent acts, thus protecting taxpayer funds and ensuring the integrity of government programs and contracts.
The word "qui tam" is derived from the Latin phrase "qui tam pro domino rege quam pro se ipso in hac parte sequitur", which can be roughly translated as "he who sues on behalf of himself as well as the king". The term first appeared in English legal language in the 16th century, and it refers to a specific type of lawsuit in which a private individual sues on behalf of the government for a violation of the law, typically involving fraud or public corruption.