U.S. Supreme Court

Case Status


Docket Number



2006 Term

Oral Argument Date

December 05, 2006


Questions Presented

1. Whether the Tenth Circuit erred by affirming the entry of judgment in favor of a qui tam relator under the False Claims Act, based on a misinterpretation of the statutory definition of an “original source” set forth in 31 U.S.C. § 3730(e)(4)?

2. Whether the judgment must be reversed because the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729-33, either on their face or as applied in this case, violate the Appointments and Take Care Clauses of Article II of the United States Constitution?

Case Updates

Supreme Court decides False Claims Act 'qui tam' suit

March 27, 2007

Agreeing with NCLC, the Supreme Court made clear that a private individual who sues in the government’s name under the False Claims Act must have “direct and independent knowledge” of the claims upon which the lawsuit is based.

U.S. Chamber files amicus brief

October 25, 2006

To aid the Supreme Court as it considered the meaning of the “original source” requirement in the False Claims Act, NCLC filed an amicus brief arguing that Congress intended a tighter requirement than that applied by a number of the circuits. By the express terms of the act, only private plaintiffs who are the “original source[s]” of information supporting a claim of fraud against a government contractor may bring actions on behalf of the federal government. Contrary to Congress’ plain intent, some circuits have permitted plaintiffs who did not uncover the fraud at issue to file claims under the False Claims Act.

Cert. petition granted

September 26, 2006

U.S. Chamber urges Supreme Court to review False Claims Act 'qui tam' suit

July 14, 2006

Click here to view the Chamber's amicus brief in support of the petition for writ of certiorari.

Case Documents