Relator
In federal False Claims Act (FCA) cases, the whistleblower is often referred to as the “relator.” We emphasize this term because it highlights the special legal role ordinary citizens can play in exposing fraud.
A relator is the individual who files a qui tam lawsuit on behalf of the United States government. Unlike a traditional plaintiff, the relator isn’t only pursuing their own interests — they are also acting as a stand-in for the government. This is also why qui tam cases are filed under seal, allowing the Department of Justice (DOJ) time to investigate the allegations before they are made public and before the defendants even know about them.
If the government intervenes in the case, it takes the lead in prosecuting, but the relator remains a party. If the government declines, the relator can proceed on their own, though with greater risk. Importantly, relators are entitled to a share of the recovery, between 15% and 25% for an intervened case and between 25% and 30% in a declined case. This financial incentive is designed to encourage insiders to take the risk of coming forward.
Relators can be employees, former employees, patients, or anyone with knowledge of fraudulent claims against the government. Their cases have uncovered some of the largest healthcare fraud settlements in history, returning billions to taxpayers.
Relators are heroes of accountability. They often endure retaliation, professional ostracism, and personal stress, but their actions protect patients and preserve the integrity of programs like Medicare and Medicaid. Understanding the relator’s role is crucial for anyone considering stepping into whistleblower litigation.
A relator is the whistleblower who files a qui tam lawsuit under the False Claims Act on behalf of the United States government. The relator:
-Brings allegations of fraud against federal programs like Medicare or Medicaid
-Acts as a stand-in for the government, not just for personal gain
-Can be an employee, former employee, patient, or anyone with inside knowledge of false claims
-Receives a share of any recovery as a reward for stepping forward
-Remains a party to the case even if the government takes over
Relators have uncovered massive healthcare fraud settlements and returned billions to taxpayers. The term highlights their special legal role.
An ordinary plaintiff sues to recover personal harm or losses. A relator, however, sues on behalf of the United States government to recover public funds lost to fraud.
The relator steps into the government’s shoes, acting as a private attorney general. While ordinary plaintiffs keep everything they win, a relator receives only a percentage of the government’s recovery, typically 15% to 30%.
Additionally, the government can intervene and take over the case, something that never happens in ordinary civil litigation. The relator also faces unique risks like retaliation and a mandatory seal period that keeps the lawsuit completely confidential for months.
Typical relator shares under the False Claims Act are:
-If the government intervenes: 15% to 25% of the total recovery
-If the government declines to intervene: 25% to 30%
The exact percentage depends on the relator’s contribution, the strength of the evidence, and whether the relator reported the fraud internally first. Courts or the DOJ have discretion to adjust the award up or down within those ranges.
The incentive is designed to encourage insiders to come forward despite risks like retaliation. Larger recoveries often mean higher percentages.
Almost anyone with firsthand knowledge of false claims submitted to the federal government can serve as a relator.
This includes employees, former employees, patients, billing managers, compliance officers, and even competitors. The relator does not need to be a US citizen or have any legal background.
What matters is having original, non-public information about fraud against programs like Medicare or Medicaid. The person cannot rely on public records or news reports, they must be the original source. Relators often work inside healthcare organizations, witnessing improper billing or kickbacks before deciding to file a qui tam lawsuit under seal.
When the government declines to intervene, the relator faces a tougher path but still has options:
-The relator may proceed with the lawsuit alone, without DOJ support
-The case is unsealed and becomes public, so the defendant learns about it
-The relator’s share increases to between 25% and 30% of any recovery
-The government can still intervene later for good cause, though this is rare
-Without DOJ resources, the relator must fund discovery and legal fees
-Many declined cases still settle or win, but dismissal rates are higher
Relators considering this step should have strong evidence and experienced counsel.
Qui tam cases are filed under seal to give the government time to investigate the fraud allegations without tipping off the defendant. This seal period typically lasts 60 days but is often extended for months. During this time:
-The relator cannot tell anyone about the lawsuit, including their employer or coworkers
-Defendants remain unaware, preventing them from destroying evidence or intimidating witnesses
The seal protects the relator from immediate retaliation but also creates isolation. The relator must wait in silence while the DOJ decides whether to intervene. Breaking the seal can result in dismissal of the case.
The False Claims Act offers strong protection against retaliation.
-Employers cannot fire, demote, suspend, threaten, or harass a relator for reporting fraud
-Protection begins the moment a relator takes any step to stop fraud, even before filing a sealed qui tam complaint
To win a retaliation claim, the relator must show three things: protected activity, an adverse employment action, and a causal link between them.
A successful relator may receive reinstatement, double back pay plus interest, and full compensation for attorneys’ fees. No cap applies to these damages
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