Relators in a False Claims Act lawsuit must allege misconduct that has not already been publicly disclosed or risk dismissal of their qui tam claims, according to the U.S. Appeals Court for the Sixth Circuit. In U.S. ex rel. Advocates for Basic Legal Equality, Inc. v. U.S. Bank, the court ruled that whistleblowers cannot raise “substantially the same allegations or transactions” that have been previously alleged in an action or claim and publicly disclosed. The qui tam plaintiff must be the original source of the allegations, the court said. Only certain disclosures trigger the prohibition, the court noted. They include disclosures “in a federal criminal, civil or administrative hearing in which the government or its agent is a party,” or in a Government Accountability Office or other federal report, hearing, audit or investigation, or from the news media. n this case, the relator/plaintiff alleged that U.S. Bank initiated foreclosure proceedings ...