Who is allowed to file a complaint under the False Claims Act?

The correct answer is identified as pertaining to the executive team, but a more nuanced understanding reveals that under the False Claims Act, any individual with knowledge of wrongdoing can file a complaint, not just executives.

The False Claims Act allows “whistleblowers” to bring actions on behalf of the government against entities defrauding it. This includes not only executives but also employees, contractors, and other individuals who possess inside knowledge of fraudulent activities. The specific legal term for a whistleblower in this context is a "relator," who can be any individual with relevant information regarding potential violations, not limited to those with formal accreditation or high-level positions.

The False Claims Act specifically incentivizes private individuals to report fraud, and typically these complaints are filed as qui tam actions, where the whistleblower may receive a percentage of the recovered damages. This broadening of who can file under the False Claims Act is intentional, as it encourages the reporting of misconduct from various sources within an organization, increasing accountability and reinforcing compliance in healthcare and other sectors.

Understanding this framework is crucial for compliance and ethical practices within organizations. Recognizing who can file a complaint helps in establishing a robust internal compliance program that motivates all individuals within an organization to report known instances of fraud or