Federal Qui Tam Relator's Original Disclosure Statement

The False Claims Act requires the relator to serve the government with a written disclosure of substantially all material evidence and information the relator possesses, contemporaneously with filing the sealed complaint under 31 U.S.C. § 3730(b)(2). The disclosure is not filed with the court and is not provided to the defendant during the seal period. Its purpose is to enable the government to evaluate intervention. Standard content categories include the relator's identity and relationship to the alleged conduct, a factual narrative of the alleged false claims, identification of relevant time periods and federal programs, an inventory of supporting documents with sources, the relator's legal theories, and an analysis of any prior public disclosures relevant to the original source defense. From a defense perspective, understanding the typical scope of a relator's disclosure during the seal period informs strategy once the matter unseals. Coverage analysis and defense counsel selection should account for the likelihood that the government has reviewed substantial evidence before the defendant is on notice. Review recent FCA scienter and dismissal decisions, including Schutte v. SuperValu (2023) and Polansky (2023), before relying on this template in any active matter.