In a False Claims Act qui tam case — a suit filed for the United States — whistleblowers recover 15% to 25% when the government intervenes. When the government declines and the whistleblower wins alone, the share rises to 25% to 30% plus costs. Cornell Law LII's current text of 31 U.S.C.
§ 3730 sets both ranges. A qui tam relator sues on behalf of the government over fraud against federal funds. The intervened share turns on contribution to prosecution. The declined-case share also adds reasonable expenses, fees, and costs.
Table of Contents
- How is your percentage decided?
- Why do settlements grow so large?
- How large have whistleblower cases been?
- Who can collect an award?
How is your percentage decided?
An intervened case pays 15% to 25% of the recovery. Cornell Law LII ties the exact cut to how much the whistleblower helped prove and prosecute the case. Strong records, meetings, and follow-through can support the higher end.
A declined case pays more because the whistleblower carries the litigation. Cornell Law LII places that award at 25% to 30% plus reasonable expenses, fees, and costs. The court sets the final figure after a win or settlement.
Why do settlements grow so large?
Defendants owe three times the government's actual loss. Cornell Law LII and OFW Law describe treble damages under 31 U.S.C. § 3729, so a $100,000 fraud becomes $300,000 before penalties.
That multiplier applies before any whistleblower percentage. Penalties stack on top for each false claim. Phillips & Cohen's 2025 penalty update places the inflation-adjusted range at $14,308 to $28,619 for penalties assessed after July 3, 2025. Steller Law notes the practical result: high-volume billing cases can reach millions even when each claim is small.
How large have whistleblower cases been?
Federal recoveries remain large and whistleblower-led. The Anti-Fraud Coalition's summary of DOJ's January 2025 statistics reports over $2.9 billion in False Claims Act settlements and judgments in FY 2024 across 558 matters. Whistleblowers filed a record 979 qui tam suits that year.
Qui tam cases drove most of that total. The Anti-Fraud Coalition reports over $2.4 billion from qui tam cases in FY 2024. Total False Claims Act recoveries since 1986 exceed $78 billion.
Who can collect an award?
Only a proper first filer can share in the recovery. Cornell Law LII states that a qui tam complaint must stay under seal for at least 60 days and be served on the government.
It also bars later filers from sharing the same recovery. Useful checks before filing include: Because only the first filer shares in that recovery, waiting to report can cost the entire award.
- Preserve specific billing, contract, or payment facts.
- File before a competitor files on the same fraud.
- Expect a sealed government review period before any public action.