10. Whistleblower/False Claims Act Definition of “Original Source” Exception To Public Disclosure Bar

If you are an “original source,” you can still bring an FCA case even if the information has been publicly disclosed.

The FCA defines “original source” as an individual who either

(1) prior to a public disclosure, has voluntarily disclosed to the Government the information on which allegations or transactions in a claim are based, or

(2) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section.
31 U.S.C.A. § 3730 (e)(4)(B)(West)