Power Independence Home 
Home Search search Menu menu Not logged in - Login | Register
Power Independence > Study Group > Study Group > What is qui (kwee) tam?

 Moderated by: Joe Kelley
New Topic Reply Printer Friendly
What is qui (kwee) tam?  Rate Topic 
 Posted: Sat Jun 29th, 2019 11:58 pm
  PM Quote Reply
1st Post
Joe Kelley

Joined: Mon Nov 21st, 2005
Location: California USA
Posts: 6408
qui tam action
": (kwee tam) n. from Latin for "who as well," a lawsuit brought by a private citizen (popularly called a "whistle blower") against a person or company who is believed to have violated the law in the performance of a contract with the government or in violation of a government regulation, when there is a statute which provides for a penalty for such violations. Qui tam suits are brought for "the government as well as the plaintiff." In a qui tam action the plaintiff (the person bringing the suit) will be entitled to a percentage of the recovery of the penalty (which may include large amounts for breach of contract) as a reward for exposing the wrongdoing and recovering funds for the government. Sometimes the federal or state government will intervene and become a party to the suit in order to guarantee success and be part of any negotiations and conduct of the case. This type of action is generally based on significant violations which involve fraudulent or criminal acts, and not technical violations and/or errors."

The Metaphor of Standing and the Problem of SelfGovernance Steven L. Winter
"Viewed through the lens of "standing," adjudication was always about the settlement of private disputes; questions of public values are implicated only incidentally. But this was not always the case. At the time of the Framers, non-individualistic, group models of adjudication, like mandamus and informers' actions, had been designed to deal with public issues.97"

"An action by a common informer was termed a "popular" or qui tam action."

Now fit that piece into this:

Page 40
Private Prosecutors
Conviction Factory, Roger Roots
"For decades before and after the Revolution, the adjudication of criminals in America was governed primarily by the rule of private prosecution: (1) victims of serious crimes approached a community grand jury, (2) the grand jury investigated the matter and issued an indictment only if it concluded that a crime should be charged, and (3) the victim himself or his representative (generally an attorney but sometimes a state attorney general) prosecuted the defendant before a petit jury of twelve men. Criminal actions were only a step away from civil actions - the only material difference being that criminal claims ostensibly involved an interest of the public at large as well as the victim. Private prosecutors acted under authority of the people and in the name of the state - but for their own vindication. The very term "prosecutor" meant criminal plaintiff and implied a private person. A government prosecutor was referred to as an attorney general and was a rare phenomenon in criminal cases at the time of the nation's {notice the affect of misrepresenting here, as there were 13 nations that were founded, not one: nation supplants federation, or profitable monopoly supplants voluntary association for mutual defense} founding. When a private individual prosecuted an action in the name of the state, the attorney general was required to allow the prosecutor to use his name - even if the attorney general himself did not approve of the action.
Private prosecution meant that criminal cases were for the most part limited by the need of crime victims for vindication. Crime victims held the keys to a potential defendant's fate and often negotiated the settlement of criminal cases. After a case was initiated in the name of the people, however, private prosecutors were prohibited from withdrawing the action pursuant to private agreement with the defendant. {plea-bargaining is voluntary when no other people are threatened by the offender, but involuntary when the potential for injury yet to be done by the offender is bought off by a private person, which then allows the offender to run amok in the playground} Court intervention was occasionally required to compel injured crime victims to appear against offenders in court and "not to make bargains to allow [defendants] to escape conviction, if they...repair the injury."

My take:

A qui tam (kwee tam) action is a private prosecutor who has contacted a common law grand jury with exculpatory evidence of a crime. Personal knowledge, evidence, by an individual witness willing to risk any cost associated with blowing the whistle, which includes costs associated with false accusations (if found out), and costs associated with aggressive attack by the perpetrators for exposing their guilt to the public at large, and costs associated with aggressive attack by the perpetrators for exposing their guilt to an actual (not a counterfeit) government service - said individual witness - sets in motion the process known as due process, for the voluntary defense of all, so as to hold the worst criminals to account first, before moving to insignificant, or trivial, criminals.

Back To Top PM Quote Reply  

Current time is 01:35 am  
Power Independence > Study Group > Study Group > What is qui (kwee) tam? Top

UltraBB 1.17 Copyright © 2007-2008 Data 1 Systems