Last week, GMU law school released issue 7.1 of The Journal of Law, Economics & Policy which includes an article by yours truly. The article is entitled “Public Trust and the Role of Qui Tam Relators in the Regulatory Framework.” Here is my off-the-cuff attempt at a synopsis:
Compliance with regulatory demands can be predicted using a set of general factors. In no specific order, they are: (1) the likelihood that transgressions of the law or command will be detected; (2) the likelihood that transgressions will be prosecuted when observed; (3) the substance of the behavior the law forbids; (4) the nature and quality of the evidence required to prove a violation; and (5) the severity of the potential sanctions. While government has proven very capable of addressing factors three through five, it is understandably less capable with factors one and two.
The qui tam provisions of the federal False Claims Act have, for the last 148 years, served to bridge this gap. Most important however is the fact that by changing the world of regulation from a two-party dynamic (between the government and a target) to a three-party dynamic (between the government, a target, and any private citizen with first-hand information) and by creating a safety-valve for motivated individuals, public trust in the integrity of government is increased.
Interested readers can purchase a copy via the JLEP webpage or from Westlaw or Lexis.