The Federal False Claims Act defines an “original source” to mean “an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before filing an action under this section which is based on the information.” 31 USC § 3730(e)(B).
Each case is different, but generally State and Federal investigators share information and work together.
Yes, the prosecution of cases is coordinated and often one or more State Attorneys General will take the lead on cases in which they have intervened.
The National Association of Medicaid Fraud Control Units (NAMFCU) is an organization of officials from those state agencies which is responsible for investigating Medicaid Fraud. NAMFCU helps coordinate national investigations and prosecution of Medicaid Fraud for the states. NAMFCU facilitates joint discussions of cases involving fraud where more than one state’s Medicaid system has been impacted.
If the Government does not intervene in a case, the Relator and her counsel are generally free to pursue the case without the Government’s help. However, cases filed under the New York City False Claims Act cannot proceed without the permission of the Corporation Counsel. Likewise, the IRS whistleblower statute does not provide whistleblowers who initiate actions under the statute with any right to pursue a case if the Government decides not to do so.