C. Determining the Relator's Share

• Library: South Carolina Damages Supplement (SCBar) (2017 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% but not more than 25% 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% and not more than 30% of the recovery.

Section 3730(d)(1) limits the relator to no more than 10% 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 planned and initiated the fraud. This section also requires the court to dismiss the relator if he is convicted for the actions giving rise to the submission of the...