Written by attorneys · grounded in primary & secondary sources — see below
A person or persons who first disclose fraud to the government, derived from direct and indirect information on which a qui tam complaint is based under the False Claims Act or a similar state law.
Sources & Authorities
How it applies
Common Examples
6
Will Construction Dispute
Odette Orozco filed a qui tam action alleging that a law firm had concealed assets in a probate estate. She had learned of the fraud through conversations with firm employees and review of internal memos. The court recognized her as the original source because her information formed the basis of the complaint.
Campaign Finance Reporting
Odilia Okamura reported to the FEC that an intermediary had funneled contributions without identifying the true donors. Her disclosure included bank records and emails she obtained directly from the conduit. The agency treated her submission as the original source for the enforcement action.
Select any source to read its text and confirm it supports the definition.
Restatements
Dictionaries
Buckley v. Valeo424 U.S. 1, 93 (1976)
Arrest and Retaliation Claim
Octavia Okonkwo filed a qui tam suit claiming a city police department had falsified arrest reports to hide misconduct. She had overheard supervisors discussing the scheme and obtained copies of the altered documents. The court accepted her as the original source because her knowledge preceded any public disclosure.
Atwater v. City of Lago Vista532 U.S. 318, 323-324, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001)
Maritime Wrongful Death Suit
Owen Ortega brought a qui tam action alleging that a shipping company had submitted false safety certifications to obtain federal contracts. He had worked as a crew member and collected internal audit reports showing the misrepresentations. The government designated him the original source for the False Claims Act case.
Moragne v. States Marine Lines, Inc.398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339
Labor Union Dispute
Olive Okafor disclosed to federal prosecutors that a union had submitted inflated membership figures to secure government grants. She had served as a local officer and retained copies of the falsified reports. Prosecutors relied on her materials as the original source in the ensuing qui tam litigation.
Textile Workers Union of Am. v. Lincoln Mills of Ala.353 U.S. 448 (1957)
News Wire Antitrust Case
Olivia Owens initiated a qui tam proceeding against a news organization that had billed the government for fabricated stories. She had worked as an editor and preserved the original drafts showing the fabrications. The court held that her firsthand materials qualified her as the original source.
Associated Press v. United States326 U.S. 1 (1945)
Common questions
Frequently Asked
3
Who qualifies as an original source under the False Claims Act?+
A person qualifies when they first disclose the fraud to the government and their information, whether direct or indirect, forms the basis of the qui tam complaint. The disclosure must occur before any public revelation of the allegations.
Supporting sources
Does secondhand information prevent a person from being an original source?+
No. The definition expressly includes information derived from both direct and indirect sources, so long as the relator is the first to bring the fraud to the government's attention.
Supporting sources
What happens if the government already knows about the fraud before the relator files?+
The relator must still be the original source of the information on which the complaint is based. Prior government knowledge does not automatically bar the action if the relator independently supplied the essential facts.
Supporting sources
424 U.S. 1 (1976)Legislation and Regulation
…candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. (c) Limitations on expenditures. (1) No candidate shall make expenditures in excess…