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CONGRESSIONAL INTENT AND FALSE CLAIMS ACT
CONCLUSION:
31 U.S.C. § 3730 (c) Rights of the Parties to Qui Tam Actions. (5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section.
The Mandatory language of the False Claims Act (the term "shall" is used more that 35 times) explains that if someone other that the defrauded agency, the FBI or DOJ initiates the action, all of the recovery, in theory, must be delivered to the Treasury's "General Receipts Account" and a small portion to the person initiating the action. The law does not allow the "proceeds of the action or settlement of the claim" to be returned directly to the defrauded agency without Congressional oversight.
Remember. If the DOJ selects or accepts any interim alternate remedies (that have any type of cash value and that are not disclosed to the court) then the Court cannot adjudicate completely and the Treasury Department does not receive the undisclosed "entire proceeds of the action or settlement of the claim". The Plaintiff's loss of about 15% is nothing compared to the taxpayers loss of 85% of the concealed settlement proceeds diverted directly back to the defrauded agency. It has not been legally reallocated by Congress to the defrauded agency, knowingly and intentionally evades legal oversight and becomes an unrecognized windfall budget increase.
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