Relators and their counsel
Qui tam litigation funding
A qui tam case is brought by a relator on the government’s behalf. It follows its own calendar, and a funder reads that calendar before it reads the allegations.
Who this is for
Relators and the counsel who bring False Claims Act cases
Your job is to carry a case that may stay under seal and unresolved for years. You need to know how a funder reads a claim it cannot fully see, and what you can prepare without breaching the seal.
What qui tam funding is
Qui tam litigation funding provides capital to a relator or relator’s counsel pursuing a False Claims Act case, in exchange for a share of any relator recovery. It can fund fees and costs through the sealed period, the government’s decision and the litigation that follows.
Criterica Capital prepares the request from what may properly be shared and sends it to independent funders. Each decides on its own.
What the funder reads in a relator claim
The funder reads the nature of the alleged fraud and the agency affected, the relator’s position and evidence, and the stage: sealed, under investigation, intervened or declined. It reads the forum and how long comparable False Claims Act cases have taken there, and it reads the counsel’s record on similar cases.
Forum history and pace come from filed records. The relator and counsel supply the rest within the limits of the seal.
How to prepare the request
Counsel confirms what may be shared at the current stage. The request then states the category of claim, the agency, the stage, the forum and the counsel’s record. Nothing that is sealed is included, and the funder is told what has been withheld.
How to read this
A stage band describes how comparable cases have moved. The government’s decision on intervention changes the picture, and the funder reads the claim again when it is made.
Read next
Questions readers ask
What is qui tam litigation funding?
Capital provided to a relator or relator’s counsel pursuing a False Claims Act case, in exchange for a share of any relator recovery.
What does a funder read in a relator claim?
The nature of the alleged fraud and the agency affected, the relator’s evidence, the stage of the case, the forum and the counsel’s record.
How is a sealed case handled?
Counsel confirms what may be shared. The request includes nothing that is sealed, and the funder is told what has been withheld.
Next step
Bring one large claim, judgment or award.
It is read from the record and prepared for independent capital providers. Independent funders each decide on their own.
Submit a large claimRelated reading
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