Under what condition can a relator not pursue a qui tam action?

A relator, or whistleblower, may not pursue a qui tam action if the information underlying the action has been publicly disclosed. This is due to the provisions of the False Claims Act, which aims to encourage whistleblowers to come forward with non-public knowledge of fraud against the government. If the information is already in the public domain, the law may not allow an individual to profit from this disclosure since it could impede the incentive structure intended by the act.

Additionally, if there is an ongoing qui tam action based on the same or similar allegations, the relator typically cannot pursue a new case. This is designed to prevent multiple lawsuits over the same fraud, which could unnecessarily burden the courts and the defendants.

Both of these conditions ensure that the integrity and purpose of the qui tam provisions of the False Claims Act are maintained, encouraging individuals to report fraud without fear of competition for their claims if the information is already public or already under legal scrutiny.

The other options do not directly relate to restrictions on a relator's ability to file a qui tam action. Being an entry-level employee does not disqualify someone from acting as a relator, and the existence of another ongoing qui tam case underscores the importance of the first rule regarding public disclosure.