United States of America, Ex Rel. Leocadio Barajas v. United States v. Northrop Corporation

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge GOULD

WILLIAM A. FLETCHER, Circuit Judge:

Under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733, private individuals may bring qui tam civil actions against entities that have defrauded the government. If an FCA suit is brought by a private individual (“relator”) as a qui tam action, the United States may choose to intervene. 31 U.S.C. § 3730(b)(2). Whether or not the government inter*1006venes, the relator is entitled to a share of any recovery in the action. 31 U.S.C. §§ 3730(b)(4), (d). If the government declines to intervene but instead…