United States Ex Rel. Bennett v. Biotronik, Inc.

Dissent by Judge Siler

OPINION

BEA, Circuit Judge:

I

Where an individual has information regarding a fraud perpetrated on the Federal Government, the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., empowers that person—called a “relator”—to bring a suit on the Federal Government’s behalf.1 These are called qui tam2 suits, and have been described as the “primary tool for combatting fraud against the federal government.” U.S. ex rel. Kelly v. Boeing Co., 9 F.3d 743 (9th Cir. 1993).3

But the right to bring qui tam suits is not absolute.

First, there are restrictions to allow the Government to…