A Department of Justice False Claims Act Whistleblower Program
This Briefing is brought to you by AHLA’s Fraud and Abuse Practice Group.
- November 25, 2025
- Sydney Habegger , Department of Health and Human Services, Office of the General Counsel
A key provision of the False Claims Act (FCA) allows private parties to bring an action on behalf of the federal government. This action is known as a qui tam lawsuit. After the lawsuit is filed, the government can either step in or decline to intervene in the action. If the government declines to take action, the qui tam whistleblower may then proceed, independent of the government. Under this provision, the private party asserting the claim, the relator, is entitled to up to 30% of the “proceeds of the action or settlement of the claim.” The most common FCA qui tam cases are those involving health care fraud within programs such as Medicare and Medicaid, and have resulted in settlements and awards totaling over $1.67 billion in fiscal year 2024.
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