FALSE CLAIMS ACT-THE TENTH CIRCUIT FAILS TO FULLY CONSIDER THE HARM TO PUBLIC POLICY CAUSED BY ENFORCEMENT OF A PREFILING RELEASE AGREEMENT IN A QUI TAM ACTION: UNITED STATES EX REL. RITCHIE V. LOCKHEED MARTIN CORP.

摘要

United States ex rel. Ritchie v. Lockheed Martin Corp. ana-lyzes the enforceability of a release agreement between private parties where the releasing party subsequently files a qui tam False Claims Act (FCA) suit as a relator for the United States. The qui tam section of the FCA allows private persons to bring actions as relators for the government against those who have committed fraud upon it and guarantees most relators a portion of the proceeds from the action or postfiling settlement, regardless of whether the government intervenes.