In Re Marriage of Biddle

Vivian Biddle appeals from that portion of the “Further Judgment on Reserved Issues” which decreed that she has no community property interest in a qui tam cause of action currently being prosecuted by her former husband.

With antecedents older than the republic, the qui tam action is a type of private attorney general lawsuit; it allows an individual to sue to enforce a public statutory right and to retain a portion of any moneys recovered thereby. (See generally, Comment, Qui Tam Actions: The Role of the Private Citizen in Law Enforcement (1973) 20 UCLA L.Rev. 778.) The relevant statute here is federal, dating back to the Civil War. (20 UCLA L.Rev. at p. 788, fn. 59.) It specifies: (1) the circumstances in which an individual who discovers that a false claim for payment has been presented to the United States may commence litigation to recover civil penalties, (2) how the United States must have an opportunity to investigate and determine if it will assume control of the litigation, and (3) the amount the individual may retain if successful in prosecuting the action in the name of the United States government. ( 31 U.S.C. § 3730 .)

While employed by the United States…