C. Determining the Relator's Share

• Library: South Carolina Damages (SCBar) (2009 Ed.)

C. Determining the Relator's Share

Section 3730(d)(1) of the Act provides that a qui tam relator shall receive at least 15 percent but not more than 25 percent of the proceeds of the action when the Government has intervened in the lawsuit. The amount of the relator's share is dependent upon the extent to which the relator substantially contributed to the prosecution of the action. When the Government does not intervene, section 3730(d)(2) provides that the relator shall receive an amount that the court decides is "reasonable" and shall be not less than 25 percent and not more than 30 percent of the recovery.

Section 3730(d)(1) limits the relator to no more than 10 percent of the proceeds when the complaint is based primarily on public information and section 3730(d)(3) allows the court to reduce the percentage below this percent if the relator...