In a Dec. 4, 2012, press release, the Department of Justice triumphantly announced a record $4.9 billion total recovery for False Claims Act (FCA) cases, 31 U.S.C. §§3729-33.1 Attorney General Eric Holder pledged to increase the Justice Department’s resources and remain vigilant in prosecuting false claims in the future.2 Moreover, the attorney general praised the "brave individuals" who acted as whistleblowers and brought qui tam actions against alleged violators.3 In addition to receiving kudos from the Justice Department, these whistleblowers (and their attorneys) obtained a sizable slice of the money recovered by the government in this banner year of FCA enforcement activity.4
For example, in May 2012, after the Justice Department announced a settlement with the nation’s largest mortgage servicers to resolve allegations that they fabricated mortgage assignments and other servicing abuses, a single whistleblower took home more than $18 million from the proceeds of the settlement.5 And, in October 2012, a sole relator, the FCA term for private parties, who initiated the underlying qui tam action against a pharmaceutical company alleging off-label drug promotion and kickbacks received more than $17 million after the claims were settled with the Justice Department.6
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