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.