G. False claims act proceedings

Overview

The False Claims Act, 31 U.S.C. § 3730(b), allows individuals to bring qui tam actions on behalf of the government. The statute provides that “[t]he complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders.” Still, the statute contemplates that the suits will eventually become public. In Under Seal v. Under Seal, 27 F.3d 564, 564 (4th Cir. 1994) (unpublished), the Fourth Circuit found that a trial court acted within its discretion in “refusing to impose a permanent seal on a qui tam complaint” in part because “long-established common law right of access to judicial records filed in court.”

6th Cir.