Misplaced Pages

Qui tam

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

In common law , a writ of qui tam is a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur , meaning "[he] who sues in this matter for the king as well as for himself."

#585414

113-900: The writ fell into disuse in England and Wales following the Common Informers Act 1951 but remains current in the United States under the False Claims Act , 31 U.S.C.   § 3729 et seq. , which allows a private individual, or " whistleblower " (or relator ), with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also qui tam provisions in 18 U.S.C.   § 962 regarding arming vessels against friendly nations; 25 U.S.C.   § 201 regarding violating Indian protection laws; 46 U.S.C.   § 80103 regarding

226-455: A Wales criminal justice system . England and Wales are treated as a single unit for some purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707 , and as a consequence English law—and after 1801 , Irish law —continued to be separate. Following

339-571: A qui tam action under the False Claims Act. Once a relator brings suit on behalf of the government, the Department of Justice , in conjunction with a U.S. Attorney for the district in which the suit was filed, have the option to intervene in the suit. If the government does intervene, it will notify the company or person being sued that a claim has been filed. Qui tam actions are filed under seal, which has to be partially lifted by

452-624: A qui tam informer. The practice fell into disrepute in England in the 19th century by which time it was principally used to enforce laws related to Christian Sunday observance . It was brought to an effective end by the Common Informers Act 1951 but, in 2007, there were proposals to introduce legal provision on the U.S. model back to the United Kingdom. " Whistleblower " can mean any person who reveals misconduct by his or her employer or another business or entity. The misconduct may be in

565-563: A qui tam lawsuit on behalf of the government and potentially receive a share of the recovery recovered by the government as a reward for bringing that action. In order for a whistleblower (also known as a "relator" in the context of the FCA) to bring a qui tam action that is based upon publicly disclosed information, that person must legally qualify as an "original source." See Rockwell International Corp. v. United States . England and Wales England and Wales ( Welsh : Cymru

678-642: A Lloegr ) is one of the three legal jurisdictions of the United Kingdom . It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542 . The substantive law of the jurisdiction is English law . The devolved Senedd (Welsh Parliament; Welsh : Senedd Cymru ) – previously named the National Assembly for Wales – was created in 1999 under

791-420: A check on public officials had become so well accepted by 1444 that Parliament adopted no fewer than five such statutes in that single year. During the reign of Henry VII , qui tam enforcement was reformed to avoid abuses, such as collusive suits between defendants and informers meant to avoid punishment. A 1487 statute, among other reforms, made it a crime (punishable by two years' imprisonment) to collude with

904-554: A commission found widespread abuses in the tax collection process. Henry reigned for nearly 24 years and was peacefully succeeded by his son, Henry VIII . Henry VII was born on 28 January 1457 at Pembroke Castle , in the English-speaking portion of Pembrokeshire known as Little England beyond Wales . He was the only child of Lady Margaret Beaufort , who was 13 years old at the time, and Edmund Tudor, 1st Earl of Richmond who, at 26, died three months before his birth. He

1017-666: A cost of £24,000. However, as France was becoming more concerned with the Italian Wars , the French were happy to agree to the Peace of Étaples . Henry had pressured the French by laying siege to Boulogne in October 1492. Henry had been under the financial and physical protection of the French throne or its vassals for most of his life before becoming king. To strengthen his position, however, he subsidised shipbuilding, so strengthening

1130-535: A few thousand troops, but was soon captured and executed. When the King's agents searched the property of William Stanley ( Chamberlain of the Household , with direct access to Henry VII) they found a bag of coins amounting to around £10,000 and a collar of livery with Yorkist garnishings. Stanley was accused of supporting Warbeck's cause, arrested and later executed. In response to this threat within his own household,

1243-540: A fiscally prudent monarch who restored the fortunes of an effectively bankrupt exchequer . Henry VII introduced stability to the financial administration of England by keeping the same financial advisors throughout his reign. For instance, except for the first few months of the reign, the Baron Dynham and the Earl of Surrey were the only Lord High Treasurers throughout his reign. Henry VII improved tax collection in

SECTION 10

#1732801338586

1356-421: A growing reputation for shrewd decisiveness". On the debit side, he may have looked a little delicate as he suffered from poor health. Historians have compared Henry VII with his continental contemporaries, especially Louis XI of France and Ferdinand II of Aragon . By 1600 historians emphasised Henry's wisdom in drawing lessons in statecraft from other monarchs. In 1622 Francis Bacon published his History of

1469-541: A plan to seize the throne by engaging Richard quickly because Richard had reinforcements in Nottingham and Leicester . Though outnumbered, Henry's Lancastrian forces decisively defeated Richard's Yorkist army at the Battle of Bosworth Field on 22 August 1485. Several of Richard's key allies, such as Henry Percy, 4th Earl of Northumberland , and also Lord Stanley and his brother William , crucially switched sides or left

1582-648: A private person, known as a " relator ," to bring a lawsuit on behalf of the United States, where the private detective or other person has information that the named defendant has knowingly submitted or caused the submission of false or fraudulent claims to the United States. In order to qualify as a "relator", pursuant to the Supreme Court's decision in Rockwell International Corp. v. United States , in order to bring an action that

1695-582: A reward was offered in what is called the " qui tam " provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. The law was substantially weakened in 1943 during World War II while the government rushed to sign large military procurement contracts. It was strengthened again in 1986 after a period of military expansion at a time when there were many stories of defense contractor price gouging . Since then, qui tam provisions have helped recover more than $ 48 billion in taxpayer money. The act of filing such actions

1808-426: A small French and Scottish force, landing at Mill Bay near Dale, Pembrokeshire . He marched toward England accompanied by his uncle Jasper and John de Vere, 13th Earl of Oxford . Wales was historically a Lancastrian stronghold, and Henry owed the support he gathered to his Welsh birth and ancestry, being agnatically descended from Rhys ap Gruffydd . He amassed an army of about 5,000–6,000 soldiers. Henry devised

1921-456: A spouse for Henry VII's heir-apparent. The marriage did not take place during his lifetime. Otherwise, at the time of his father's arranging of the marriage to Catherine of Aragon, the future Henry VIII was too young to contract the marriage according to Canon Law and would be ineligible until age fourteen. Henry made half-hearted plans to remarry and beget more heirs, but these never came to anything. He entertained thoughts of remarriage to renew

2034-401: A thing so forfeited,] shall be received." More qui tam provisions were enacted over the next two centuries, rewarding informers. For example, the 1328 Statute of Northampton penalized (by forfeiture and fine) the holding of fairs by lords and merchants for longer than the authorized length, and provided that "every man that will sue for our Lord the King, shall be received, and [also have]

2147-707: A treaty with France at Etaples that brought money into the coffers of England, and ensured the French would not support pretenders to the English throne, such as Perkin Warbeck. However, this treaty came at a price, as Henry mounted a minor invasion of Brittany in November 1492. Henry decided to keep Brittany out of French hands, signed an alliance with Spain to that end, and sent 6,000 troops to France. The confused, fractious nature of Breton politics undermined his efforts, which finally failed after three sizeable expeditions, at

2260-498: A year at a time. Their chief task was to see that the laws of the country were obeyed in their area. Their powers and numbers steadily increased during the time of the Tudors, never more so than under Henry's reign. Despite this, Henry was keen to constrain their power and influence, applying the same principles to the justices of the peace as he did to the nobility: a similar system of bonds and recognisances to that which applied to both

2373-433: Is based upon publicly disclosed information the person bringing the claim must legally qualify as an "original source." The relator need not have been personally harmed by the defendant's conduct; instead, the relator is recognized as receiving legal standing to sue by way of a "partial assignment" to the relator of the injury to the government caused by the alleged fraud. The information must not be public knowledge, unless

SECTION 20

#1732801338586

2486-489: Is conventionally thought that the government chooses legal matters it would prosecute because the government would only want to get involved in what it believes are winning cases. It is an offense under 35 U.S.C.   § 292 (the "False Marking Statute") to falsely mark goods as " patented " or " patent pending ". Before the enactment of the America Invents Act , any person could sue for breach, and

2599-425: Is distinct from those of Northern Ireland and Scotland , and from Commonwealth realms . The national parks of England and Wales have a distinctive legislative framework and history. Henry VII of England Henry VII (28 January 1457 – 21 April 1509), also known as Henry Tudor , was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He

2712-509: Is equally true that Henry VII was diligent about keeping detailed records of his personal finances, down to the last halfpenny; these and one account book detailing the expenses of his queen survive in the British National Archives, as do courtiers' accounts and many of the king's own letters. From these accounting books, the evidence is clear that, until the death of his wife, Henry was a more doting father and husband than

2825-506: Is informally called " whistleblowing ." Persons filing under the Act stand to receive a portion (usually about 15%-25%) of any recovered damages. The Act provides a legal tool to counteract fraudulent billings turned in to the federal government. Claims under the law have been filed by persons with insider knowledge of false claims which have typically involved health care, military, or other government spending programs. The False Claims Act allows

2938-501: Is not known precisely where Cabot landed, but he was eventually rewarded with a pension from the king; it is presumed that Cabot perished at sea after a later unsuccessful expedition. Henry VII was one of the first European monarchs to recognise the importance of the newly united Spanish kingdom; he concluded the Treaty of Medina del Campo , by which his son Arthur, Prince of Wales , was married to Catherine of Aragon . He also concluded

3051-532: Is unusual that he did not remarry. His son Henry was the only male heir left after the death of his wife; the death of Arthur therefore created a precarious political position for the House of Tudor. During Henry VII's lifetime the nobility often criticised him for re-centralising power in London and, later, the 16th-century historian Francis Bacon was ruthlessly critical of the methods by which he enforced tax law. It

3164-529: The Lex Pedia , it became common for Roman criminal statutes to offer a portion of the defendant's forfeited property to the initiator of the prosecution as a reward. Forerunners of qui tam actions also occurred in Anglo-Saxon England ; in the year 656, Wihtred of Kent issued a decree that a Sabbath-breaker would "forfeit his healsfang , and the man who informs against him shall have half

3277-642: The Battle of Bosworth Field . He was the last king of England to win his throne on the field of battle, defending it two years later at the Battle of Stoke Field to decisively end the Wars of the Roses (1455–1487). Vindicating the Lancastrian cause, he cemented his claim by marrying the Yorkist heiress, Elizabeth of York , daughter of Edward IV. Henry restored power and stability to the English monarchy following

3390-569: The Burgundian Netherlands in retaliation for Margaret of Burgundy's support for Perkin Warbeck. The Merchant Adventurers , the company which enjoyed the monopoly of the Flemish wool trade, relocated from Antwerp to Calais . At the same time, Flemish merchants were ejected from England. The dispute eventually paid off for Henry. Both parties realised they were mutually disadvantaged by the reduction in commerce. Its restoration by

3503-652: The Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006 , which allows it to pass its own laws , and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England , which is directly governed by the parliament and government of the United Kingdom . During

Qui tam - Misplaced Pages Continue

3616-594: The Magnus Intercursus was very much to England's benefit in removing taxation for English merchants and significantly increasing England's wealth. In turn, Antwerp became an extremely important trade entrepôt (transhipment port), through which, for example, goods from the Baltic, spices from the east and Italian silks were exchanged for English cloth. In 1506, Henry extorted the Treaty of Windsor from Philip

3729-623: The Roman occupation of Britain , the area of present-day England and Wales was administered as a single unit, except for the land to the north of Hadrian's Wall – though the Roman-occupied area varied in extent, and for a time extended to the Antonine/Severan Wall . At that time, most of the native inhabitants of Roman Britain spoke Brythonic languages , and were all regarded as Britons , divided into numerous tribes. After

3842-656: The Tower of London . Despite such precautions, Henry faced several rebellions over the next twelve years. The first was the 1486 rebellion of the Stafford brothers , abetted by Viscount Lovell , which collapsed without fighting. Next, in 1487, Yorkists led by Lincoln rebelled in support of Lambert Simnel , a boy they claimed to be Edward of Warwick (who was actually a prisoner in the Tower). The rebellion began in Ireland, where

3955-535: The Treaty of Perpetual Peace with Scotland (the first treaty between England and Scotland for almost two centuries), which betrothed his daughter Margaret Tudor to King James IV of Scotland. By this marriage, Henry VII hoped to break the Auld Alliance between Scotland and France. Though this was not achieved during his reign, the marriage eventually led to the union of the English and Scottish crowns under Margaret's great-grandson, James VI and I , following

4068-606: The crusade . Later on, Henry had exchanged letters with Pope Julius II in 1507, in which he encouraged him to establish peace among Christian realms, and to organise an expedition against the Turks of the Ottoman Empire . Henry VII was much enriched by trading alum , which was used in the wool and cloth trades as a chemical fixative for dyeing fabrics. Since alum was mined in only one area in Europe (Tolfa, Italy), it

4181-566: The navy (he commissioned Europe's first ever – and the world's oldest surviving – dry dock at Portsmouth in 1495) and improving trading opportunities. John Cabot , originally from Genoa and Venice, had heard that ships from Bristol had discovered uncharted newfound territory far west of Ireland. Having secured financial backing from Florentine bankers in London, Cabot was granted carefully phrased letters patent from Henry in March 1496, permitting him to embark on an exploratory voyage westerly. It

4294-474: The qui tam action to prevent unwarranted intrusion into their domain by unqualified practitioners (1871: Allen Qui Tam v. Jarvis, 32 UCR 56). In cases like these, it would appear that the Crown is owed a bond from qualified practitioners, and the respondents — since they have not provided such a bond — are penalised by the courts. Allen in this case would seem to gain a fraction of the penalty exacted from Jarvis,

4407-652: The red dragon of Wales was dropped and replaced with the unicorn of Scotland with the succession of King James I who demoted Wales' status on the coat of arms and on the first adaptation of the Flag of Great Britain . Prior to 1746, it was not clear whether a reference to "England" in legislation included Wales, and so in 1746, Parliament passed the Wales and Berwick Act 1746 . This specified that in all prior and future laws, references to "England" would by default include Wales (and Berwick-upon-Tweed ). The Wales and Berwick Act

4520-507: The " Lincoln Law ") is an American federal law that was passed on March 2, 1863 during the American Civil War , that allows people who are not affiliated with the government to file actions against federal contractors claiming fraud against the government. The law represented an effort by the government to respond to entrenched fraud in cases where the official Justice Department was reluctant to prosecute fraud cases. Importantly,

4633-580: The 20th century. Examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998 . Measures and Acts of the Senedd apply in Wales, but not in England. Following the Government of Wales Act, effective since May 2007, the Senedd can legislate on matters devolved to it. Following a referendum on 3 March 2011 , the Senedd gained direct law-making powers, without

Qui tam - Misplaced Pages Continue

4746-731: The Earl of Pembroke, undertook to protect Edmund's widow Margaret, who was 13 years old when she gave birth to Henry. When Edward IV became King in 1461, Jasper Tudor went into exile abroad. Pembroke Castle, and later the Earldom of Pembroke , were granted to the Yorkist William Herbert , who also assumed the guardianship of Margaret Beaufort and the young Henry. Henry lived in the Herbert household until 1469, when Richard Neville, Earl of Warwick (the "Kingmaker"), went over to

4859-494: The Fourth Part of that which shall be lost at his Suit." Two Statutes of Labourers , enacted in 1349 and 1350, set wage and price controls and provided for informers to seek forfeiture from the violator, or from mayors or bailiffs who failed to enforce the regulations. A large number of other statutes, mostly affecting commercial regulations, also included qui tam provisions. Some qui tam statutes were targeted at ensuring

4972-701: The Great in his Legal Code , c.  893 . However, after the Norman invasion of Wales in the 11th century, English law came to apply in the parts of Wales conquered by the Normans (the Welsh Marches ). In 1283, the English, led by Edward I , with the biggest army brought together in England since the 11th century, conquered the remainder of Wales , then organised as the Principality of Wales . This

5085-728: The Handsome , Duke of Burgundy. Philip had been shipwrecked on the English coast, and while Henry's guest, was bullied into an agreement so favourable to England at the expense of the Netherlands that it was dubbed the Malus Intercursus ("evil agreement"). France, Burgundy, the Holy Roman Empire, Spain and the Hanseatic League all rejected the treaty, which was never in force. Philip died shortly after

5198-428: The King instituted more rigid security for access to his person. In 1499, Henry had the Earl of Warwick executed. However, he spared Warwick's elder sister Margaret, who survived until 1541 when she was executed by Henry VIII. For most of Henry VII's reign Edward Story was Bishop of Chichester . Story's register still exists and, according to the 19th-century historian W.R.W. Stephens, "affords some illustrations of

5311-695: The Lancastrians. Herbert was captured fighting for the Yorkists and executed by Warwick. When Warwick restored Henry VI in 1470, Jasper Tudor returned from exile and brought Henry to court. When the Yorkist Edward IV regained the throne in 1471, Henry fled with other Lancastrians to Brittany . He spent most of the next 14 years under the protection of Francis II, Duke of Brittany . In November 1476, Francis fell ill and his principal advisers were more amenable to negotiating with King Edward. Henry

5424-883: The Marches for his son Arthur, which was intended to govern Wales and the Marches , Cheshire and Cornwall . He was content to allow the nobles their regional influence if they were loyal to him. For instance, the Stanley family had control of Lancashire and Cheshire, upholding the peace on the condition that they stayed within the law. In other cases, he brought his over-powerful subjects to heel by decree. He passed laws against "livery" (the upper classes' flaunting of their adherents by giving them badges and emblems) and "maintenance" (the keeping of too many male "servants"). These laws were used shrewdly in levying fines upon those that he perceived as threats. However, his principal weapon

5537-769: The Northern District of Ohio held that the False Marking Statute was unconstitutional. Judge Dan Aaron Polster determined that it violated the Take Care Clause of Article II of the Constitution, because it represented "a wholesale delegation of criminal law enforcement power to private entities with no control exercised by the Department of Justice ". The America Invents Act made significant changes to false marking laws, that affected all pending and future false marking actions: In

5650-750: The Ottoman Empire, and selling it to the Low Countries and in England. This trade made an expensive commodity cheaper, which raised opposition from Pope Julius II, since the Tolfa mine was a part of papal territory and had given the Pope monopoly control over alum. Henry's most successful diplomatic achievement as regards the economy was the Magnus Intercursus ("great agreement") of 1496. In 1494, Henry embargoed trade (mainly in wool) with

5763-408: The Plantagenets was suspected of coveting the throne. Henry had Parliament repeal Titulus Regius , the statute that declared Edward IV's marriage invalid and his children illegitimate, thus legitimising his wife. Amateur historians Bertram Fields and Sir Clements Markham have claimed that he may have been involved in the murder of the Princes in the Tower, as the repeal of Titulus Regius gave

SECTION 50

#1732801338586

5876-453: The Princes a stronger claim to the throne than his own. Alison Weir points out that the Rennes ceremony, two years earlier, was plausible only if Henry and his supporters were certain that the Princes were already dead. Henry secured his crown principally by dividing and undermining the power of the nobility, especially through the aggressive use of bonds and recognisances to secure loyalty. He also enacted laws against livery and maintenance ,

5989-412: The United States in colonial times, and were embraced by the first U.S. Congress as a way to enforce the laws when the new federal government had virtually no law enforcement officers. The case of Richard Marven and Samuel Shaw led the Continental Congress to pass the first whistleblower law in the new United States in 1778. The Continental Congress was moved to act after an incident in 1777, when

6102-481: The Yorkist heiress Margaret Plantagenet Countess of Salisbury suo jure . He took care not to address the baronage or summon Parliament until after his coronation, which took place in Westminster Abbey on 30 October 1485. After his coronation Henry issued an edict that any gentleman who swore fealty to him would, notwithstanding any previous attainder, be secure in his property and person. Henry honoured his pledge of December 1483 to marry Elizabeth of York and

6215-438: The alliance with Spain; Joanna, Dowager Queen of Naples (a niece of Queen Isabella of Castile), Queen Joanna of Castile , and Margaret, Dowager Duchess of Savoy (sister-in-law of Joanna of Castile) were all considered. In 1505 he was sufficiently interested in a potential marriage to Joanna of Naples that he sent ambassadors to Naples to report on the 27 year-old Joanna's physical suitability. The wedding never took place, and

6328-483: The avaricious and parsimonious character of the king". It seems that Henry was skilful at extracting money from his subjects on many pretexts, including that of war with France or war with Scotland. The money so extracted added to the King's personal fortune rather than being used for the stated purpose. Unlike his predecessors, Henry VII came to the throne without personal experience in estate management or financial administration. Despite this, during his reign he became

6441-416: The balance to the Crown. ' Whistleblower ' can mean any person who reveals misconduct by his or her employer or another business or entity. The misconduct may be in the form of breaking the law, committing fraud, or corruption. In the United States, that type of fraud may be a violation of the False Claims Act , or similar state and local laws, and a whistleblower who exposes fraud on the government may bring

6554-526: The battlefield. Richard III's death at Bosworth Field effectively ended the Wars of the Roses. To secure his hold on the throne, Henry declared himself king by right of conquest retroactively from 21 August 1485, the day before Bosworth Field. Thus, anyone who had fought for Richard against him would be guilty of treason and Henry could legally confiscate the lands and property of Richard III, while restoring his own. Henry spared Richard's nephew and designated heir, John de la Pole, Earl of Lincoln , and made

6667-448: The border by her father: he would never see her again. Margaret Tudor wrote letters to her father declaring her homesickness, but Henry could do nothing but mourn the loss of his family and honour the terms of the peace treaty he had agreed to with the King of Scotland. Henry VII died of tuberculosis at Richmond Palace on 21 April 1509 and was buried in the chapel he commissioned in Westminster Abbey next to his wife, Elizabeth. He

6780-444: The civil war. He is credited with many administrative, economic and diplomatic initiatives. His supportive policy toward England's wool industry and his standoff with the Low Countries had long-lasting benefits to the English economy. He paid very close attention to detail, and instead of spending lavishly he concentrated on raising new revenues. He stabilised the government's finances by introducing several new taxes. After his death,

6893-408: The conquest, the Romans administered this region as a single unit, the province of Britain . Long after the departure of the Romans, the Britons in what became Wales developed their own system of law , first codified by Hywel Dda (Hywel the Good; reigned 942–950) when he was king of most of present-day Wales (compare King of Wales ); in England Anglo-Saxon law was initially codified by Alfred

SECTION 60

#1732801338586

7006-420: The construction of King's College Chapel, Cambridge , started under Henry VI, guaranteeing finances which would continue even after his death. Henry VII's policy was to maintain peace and to create economic prosperity. Up to a point, he succeeded. The Treaty of Redon was signed in February 1489 between Henry and representatives of Brittany. Based on the terms of the accord, Henry sent 6,000 troops to fight (at

7119-443: The court to allow this type of disclosure. The seal prohibits the defendant from disclosing even the mere existence of the case to anyone, including its shareholders, a fact which may cause conflicts with the defendant's obligation under Securities & Exchange Commission or stock exchange regulations that require it to disclose lawsuits that could materially affect stock prices. The government may subsequently, without disclosing

7232-411: The death of Henry's granddaughter Elizabeth I . Henry also formed an alliance with Holy Roman Emperor Maximilian I (1493–1519) and persuaded Pope Innocent VIII to issue a papal bull of excommunication against all pretenders to Henry's throne. In 1506, Grand Master of the Knights Hospitaller Emery d'Amboise asked Henry VII to become the protector and patron of the Order, as he had an interest in

7345-601: The envoys were forced to depart. By 1483, Henry's mother was actively promoting him as an alternative to Richard III , despite her being married to Lord Stanley , a Yorkist. At Rennes Cathedral on Christmas Day 1483, Henry pledged to marry Elizabeth of York , the eldest daughter of Edward IV. She was Edward's heir since the presumed death of her brothers, the Princes in the Tower , King Edward V and Richard of Shrewsbury, Duke of York . With money and supplies borrowed from his host, Francis II of Brittany, Henry tried to land in England, but his conspiracy unravelled resulting in

7458-434: The execution of his primary co-conspirator, Henry Stafford, 2nd Duke of Buckingham . Now supported by Francis II's prime minister, Pierre Landais , Richard III attempted to extradite Henry from Brittany, but Henry escaped to France. He was welcomed by the French, who readily supplied him with troops and equipment for a second invasion. Henry gained the support of the Woodvilles, in-laws of the late Edward IV, and sailed with

7571-438: The expense of Brittany) under the command of Lord Daubeney. The purpose of the agreement was to prevent France from annexing Brittany. According to John M. Currin, the treaty redefined Anglo-Breton relations. Henry started a new policy to recover Guyenne and other lost Plantagenet claims in France. The treaty marks a shift from neutrality over the French invasion of Brittany to active intervention against it. Henry later concluded

7684-474: The fine, and [the profits arising from] the labour." The first qui tam statutes were enacted by the English Parliament in the fourteenth century, some 250 years after the Norman Conquest . Such qui tam enforcement allowed enforcement of the legislative priorities of the king, especially in areas where and at times when such legislation "undermined local officials' interests." The 1318 Statute of York , which set uniform prices for certain consumer goods,

7797-449: The form of breaking the law, committing fraud, or corruption. In the United States, that type of fraud may be a violation of the False Claims Act , or similar state and local laws, and a whistleblower who exposes fraud on the government may bring a qui tam lawsuit on behalf of the government and potentially receive a share of the recovery recovered by the government as a reward for bringing that action. Whistleblower protections existed in

7910-412: The gentry and the nobles who tried to exert their elevated influence over these local officials. All Acts of Parliament were overseen by the justices of the peace. For example, they could replace suspect jurors in accordance with the 1495 act preventing the corruption of juries. They were also in charge of various administrative duties, such as the checking of weights and measures. By 1509, justices of

8023-517: The great lords' practice of having large numbers of "retainers" who wore their lord's badge or uniform and formed a potential private army. Henry began taking precautions against rebellion while still in Leicester after Bosworth Field. Edward, Earl of Warwick , the ten-year-old son of Edward IV's brother George, Duke of Clarence , was the senior surviving male of the House of York. Before departing for London, Henry sent Robert Willoughby to Sheriff Hutton in Yorkshire, to arrest Warwick and take him to

8136-418: The historically Yorkist nobility, headed by the powerful Gerald FitzGerald, 8th Earl of Kildare , proclaimed Simnel king and provided troops for his invasion of England. The rebellion was defeated and Lincoln killed at the Battle of Stoke . Henry showed remarkable clemency to the surviving rebels: he pardoned Kildare and the other Irish nobles, and he made the boy, Simnel, a servant in the royal kitchen where he

8249-467: The identity of the plaintiff or any of the facts, begin taking discovery from the defendant. If the government does not decide to participate in a qui tam action, the relator may proceed alone without the Department of Justice, though such cases historically have a much lower success rate. Relators who do prevail in such cases may potentially receive a higher relator's share, to a maximum of 30%. It

8362-515: The increased taxes. Henry also increased wealth by acquiring land through the act of resumption of 1486 which had been delayed as he focused on defence of the Church, his person and his realm. The capriciousness and lack of due process that indebted many would tarnish his legacy and were soon ended upon Henry VII's death, after a commission revealed widespread abuses. According to the contemporary historian Polydore Vergil , simple "greed" underscored

8475-595: The integrity of officials. For example: In 1360, Parliament permitted informers to sue jurors who accepted bribes. Shortly thereafter, another law authorized qui tam suits if a person responsible for procuring and arranging for carriage of provisions for the King's household accepted a bribe. A 1391 statute permitted suits against mayors, sheriffs, and bailiffs who failed to implement a rule concerning measurement of grain. A 1442 statute prohibited customs officials and other public employees from engaging in businesses related to their public duties. The value of qui tam suits as

8588-515: The law applicable to that business entity. A registered office must be specified as "in Wales" if the company wishes to use a name ending cyfyngedig or cyf , rather than Limited or Ltd. or to avail itself of certain other privileges relating to the official use of the Welsh language. Outside the legal system, the position is mixed. Some organisations combine as "England and Wales", others are separate. The order of precedence in England and Wales

8701-536: The legal system of the Kingdom of England. This was in part to update outdated Welsh laws, but also to control Wales alongside England; through these acts, the Welsh could be seen as equals to the English. This was reflected on both Henry VIII and Elizabeth I 's coat of arms where the dragon represented Wales and the lion represented England. As soon as the Tudor dynasty ended with the death of Elizabeth I , however,

8814-508: The means by which royal control was over-asserted in Henry's final years. Following Henry VII's death, Henry VIII executed Richard Empson and Edmund Dudley , his two most hated tax collectors, on trumped-up charges of treason. Henry VII established the pound avoirdupois as a standard of weight; it later became part of the Imperial and customary systems of units. In 1506 he resumed

8927-650: The need to consult Westminster. This was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of Senedd Cymru . For a company to be incorporated in the United Kingdom, its application for registration with Companies House must state "whether the company's registered office is to be situated in England and Wales (or in Wales), in Scotland or in Northern Ireland", which will determine

9040-472: The negotiations. Henry's principal problem was to restore royal authority in a realm recovering from the Wars of the Roses. There were too many powerful noblemen and, as a consequence of the system of so-called bastard feudalism , each had what amounted to private armies of indentured retainers ( mercenaries masquerading as servants). Following the example of Edward IV, Henry VII created a Council of Wales and

9153-488: The nobility of the Middle Ages . In 1502, Henry VII's life took a difficult and personal turn in which many people he was close to died in quick succession. His first son and heir apparent, Arthur, Prince of Wales, died suddenly at Ludlow Castle , very likely from a viral respiratory illness known at the time as the " English sweating sickness ". This made Henry VII's second son, Henry, Duke of York , heir apparent to

9266-508: The other Beaufort line of descent through Lady Margaret's uncle, Edmund Beaufort, 2nd Duke of Somerset . Henry also made some political capital out of his Welsh ancestry in attracting military support and safeguarding his army's passage through Wales on its way to the Battle of Bosworth. He came from an old, established Anglesey family that claimed descent from Cadwaladr , in legend, the last ancient British king. On occasion Henry displayed

9379-415: The peace were key enforcers of law and order for Henry VII. They were unpaid, which, in comparison with modern standards, meant a smaller tax bill for law enforcement. Local gentry saw the office as one of local influence and prestige and were therefore willing to serve. Overall, this was a successful area of policy for Henry, both in terms of efficiency and as a method of reducing the corruption endemic within

9492-509: The penalty of up to $ 500 was shared between the government and the person suing. Frequently, patentees fail to remove patent markings from their products following the expiration date of their patents and continue to mark goods sold after that date as patented. This behavior was largely overlooked until a court held that a separate penalty was due for each such article sold. In 2011, the United States District Court for

9605-461: The physical description Henry sent with his ambassadors of what he desired in a new wife matched the description of his wife Elizabeth. After 1503, records show that Henry VII never again used the Tower of London as a royal residence; all royal births under Henry VIII took place in palaces. Henry VII falls among the minority of British monarchs that never had any known mistresses and, for the times, it

9718-436: The possibilities for such family indulgences greatly diminished. Henry became very sick and nearly died, allowing only his mother Margaret Beaufort near him: "privily departed to a solitary place, and would that no man should resort unto him." Further compounding Henry's distress, within months of her mother's death, his older daughter Margaret, who had previously been betrothed to King James IV of Scotland, had to be escorted to

9831-543: The provinces of Canada that observed the English common law , the qui tam action has had limited scope, although as recently as 1933 the Exchequer Court Act, R.S.C. 1927, c. 34 had language to the effect that qui tam was permitted in "suits for penalties or forfeiture as where the suit is on behalf of the Crown alone." (Bank of Montreal v. Royal Bank of Canada, [1933] SCR 311; see sec 75(a) of RSC 1886 v2 c.135 "Supreme and Exchequer Courts"). Lawyers have used

9944-407: The realm by introducing ruthlessly efficient mechanisms of taxation. He was supported in this effort by his chancellor, Archbishop John Morton , whose " Morton's Fork " was a catch-22 method of ensuring that nobles paid increased taxes: those nobles who spent little must have saved much, and thus could afford the increased taxes; in contrast, those nobles who spent much obviously had the means to pay

10057-628: The red dragon. He took it, as well as the standard of St. George , on his procession through London after the victory at Bosworth. A contemporary writer and Henry's biographer, Bernard André , also made much of Henry's Welsh descent. In 1456, Henry's father Edmund Tudor was captured while fighting for Henry VI in South Wales against the Yorkists . He died shortly afterwards in Carmarthen Castle . His younger brother, Jasper Tudor ,

10170-420: The relator qualifies as an "original source." The False Claims Act provides incentive to relators by granting them between 15% and 25% of any award or settlement amount. In addition, the statute provides an award of the relator's attorneys' fees, making qui tam actions a popular topic for the plaintiff 's bar. An individual bringing suit pro se — that is, without the representation of a lawyer — may not bring

10283-798: The removal of undersea treasure from the Florida coast to foreign nations; and 35 U.S.C.   § 292 regarding false marking. In February 2011, the qui tam provision regarding false marking was held to be unconstitutional by a U.S. District Court , and in September of that year, the enactment of the Leahy–Smith America Invents Act effectively removed qui tam remedies from § 292. The historical antecedents of qui tam statutes lie in Roman and Anglo-Saxon law . Roman criminal prosecutions were typically initiated by private citizens ( delatores ) and beginning no later than

10396-405: The service of these states, which may come to their knowledge." Congress declared that the United States would defend the two whistleblowers against a libel suit filed against them by Hopkins, resolving that "the reasonable expences of defending the said suit be defrayed by the United States" and terminated the employment of Hopkins, who had misconducted himself. The American Civil War (1861–1865)

10509-529: The throne. Henry IV's action was of doubtful legality, as the Beauforts were previously legitimised by an act of Parliament , but it weakened Henry's claim. Nonetheless, by 1483 Henry was the senior male claimant heir to the House of Lancaster remaining after the deaths in battle, by murder or execution of Henry VI (son of Henry V and Catherine of Valois), his son Edward of Westminster, Prince of Wales , and

10622-454: The throne. The King, normally a reserved man who rarely showed much emotion in public unless angry, surprised his courtiers with his intense grief and sobbing at his son's death. His concern for the Queen is evidence that the marriage was a happy one, as is his reaction to Queen Elizabeth's death the following year, when he shut himself away for several days, refusing to speak to anyone. Henry VII

10735-407: The two Acts of Union, Parliament can restrict the effect of its laws to part of the realm, and generally the effect of laws, where restricted, was originally applied to one or more of the former kingdoms. Thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England (and vice versa), a practice which was rare before the middle of

10848-637: The two blew the whistle and suffered severe retaliation by Esek Hopkins , the commander-in-chief of the Continental Navy. The Continental Congress enacted the whistleblower protection law on July 30, 1778 by a unanimous vote. The Continental Congress declared it the duty of "all persons in the service of the United States, as well as all other the inhabitants thereof" to inform the Continental Congress or proper authorities of "misconduct, frauds or misdemeanors committed by any officers in

10961-517: The wedding took place in 1486 at Westminster Abbey. He was 29 years old, she was 20. They were third cousins, as both were great-great-grandchildren of John of Gaunt . Henry married Elizabeth of York with the hope of uniting the Yorkist and Lancastrian sides of the Plantagenet dynastic disputes, and he was largely successful. However, such a level of paranoia persisted that anyone (John de la Pole, Earl of Lincoln, for example) with blood ties to

11074-474: The widow of Henry V, Catherine of Valois . One of their sons was Edmund, Henry's father. Edmund was created Earl of Richmond in 1452, and "formally declared legitimate by Parliament". The descent of Henry's mother, Margaret, through the legitimised House of Beaufort bolstered Henry's claim to the English throne. She was a great-granddaughter of John of Gaunt, 1st Duke of Lancaster (fourth son of Edward III ), and his third wife Katherine Swynford . Swynford

11187-413: Was Gaunt's mistress for about 25 years. When they married in 1396 they already had four children, including Henry's great-grandfather John Beaufort . Gaunt's nephew Richard II legitimised Gaunt's children by Swynford by letters patent in 1397. In 1407, Henry IV , Gaunt's son by his first wife, issued new letters patent confirming the legitimacy of his half-siblings but also declaring them ineligible for

11300-459: Was a scarce commodity and therefore especially valuable to its landholder, the Pope. With the English economy heavily invested in wool production, Henry VII became involved in the alum trade in 1486. With the assistance of the Italian merchant banker Lodovico della Fava and the Italian banker Girolamo Frescobaldi , Henry VII became deeply involved in the trade by licensing ships, obtaining alum from

11413-541: Was an early English qui tam provision. The act prohibited city and borough officers from selling the regulated commodities (specifically, "wine and victuals"), and provided for forfeiture to the king of any prohibited merchandise. To ensure enforcement, the act provided that one-third of the forfeited merchandise "shall be delivered to the Party that sued the Offender, as the King's Gift. And in such Case he that will sue [for

11526-605: Was born. Henry was then raised by his uncle Jasper Tudor , a Lancastrian, and William Herbert , a supporter of the Yorkist branch of the House of Plantagenet. During Henry's early years, his uncles and the Lancastrians fought a series of civil wars against the Yorkist claimant, Edward IV . After Edward retook the throne in 1471, Henry spent 14 years in exile in Brittany . He attained the throne when his forces, supported by France , Scotland and Wales , defeated Richard III at

11639-493: Was in charge of roasting meats on a spit. In 1490, a young Fleming , Perkin Warbeck , appeared and claimed to be Richard of Shrewsbury , the younger of the "Princes in the Tower". Warbeck won the support of Edward IV's sister Margaret, Duchess of Burgundy . He led attempted invasions of Ireland in 1491 and England in 1495, and persuaded James IV of Scotland to invade England in 1496. In 1497 Warbeck landed in Cornwall with

11752-550: Was marked by fraud on all levels, especially with regard to Union War Department contracts. Some say the False Claims Act came about because of bad mules. During the Civil War, unscrupulous contractors sold the Union Army, among other things, decrepit horses and mules in ill health, faulty rifles and ammunition, and rancid rations and provisions. The False Claims Act ( 31 U.S.C.   §§ 3729 – 3733 , also called

11865-523: Was probably baptised at St Mary's Church, Pembroke , though no documentation of the event exists. Henry's paternal grandfather, Owen Tudor , originally from the Tudors of Penmynydd , Isle of Anglesey in Wales, had been a page in the court of King Henry V . He rose to become one of the "Squires to the Body to the King" after military service at the Battle of Agincourt . Owen is said to have secretly married

11978-485: Was repealed by the Welsh Language Act 1967 , although the statutory definition of "England" created by that Act still applies for laws passed before 1967. In new legislation since then, what was referred to as "England" is now "England and Wales", while subsequent references to "England" and "Wales" refer to those political divisions. There have been multiple calls from both Welsh academics and politicians for

12091-678: Was shattered by the loss of Elizabeth, and her death affected him severely. Henry wanted to maintain the Spanish alliance. Accordingly, he arranged a papal dispensation from Pope Julius II for Prince Henry to marry his brother's widow Catherine, a relationship that would have otherwise precluded marriage in the Church. After obtaining the dispensation, Henry had second thoughts about the marriage of his son and Catherine. Catherine's mother Isabella I of Castile had died and Catherine's sister Joanna had succeeded her; Catherine was, therefore, daughter of only one reigning monarch and so less desirable as

12204-543: Was succeeded by his second son, Henry VIII (reigned 1509–47), who would initiate the Protestant Reformation in England. His mother died two months later on 29 June 1509. Amiable and high-spirited, Henry was friendly if dignified in manner, and it was clear that he was extremely intelligent. His biographer, Professor Stanley Chrimes, credits him – even before he had become king – with "a high degree of personal magnetism, ability to inspire confidence, and

12317-569: Was the Court of Star Chamber . This revived an earlier practice of using a small (and trusted) group of the Privy Council as a personal or Prerogative Court, able to cut through the cumbersome legal system and act swiftly. Serious disputes involving the use of personal power, or threats to royal authority, were thus dealt with. Henry VII used justices of the peace on a large, nationwide scale. They were appointed for every shire and served for

12430-510: Was the first monarch of the House of Tudor . Henry's mother, Margaret Beaufort , was a descendant of John of Gaunt , son of King Edward III , and founder of the House of Lancaster , a cadet branch of the House of Plantagenet . Henry's father, Edmund Tudor, 1st Earl of Richmond , was a half-brother of King Henry VI of England (also a Lancastrian) and a member of the Welsh Tudors of Penmynydd . Edmund died three months before his son

12543-528: Was then united with the English crown by the Statute of Rhuddlan of 1284. This aimed to replace Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century by the Welsh House of Tudor . The Laws in Wales Acts 1535 and 1542 then consolidated the administration of all the Welsh territories and incorporated them fully into

12656-457: Was thus handed over to English envoys and escorted to the Breton port of Saint-Malo . While there, he feigned stomach cramps and delayed his departure long enough to miss the tides. An ally of Henry's, Viscount Jean du Quélennec  [ fr ] , soon arrived, bringing news that Francis had recovered, and in the confusion Henry was able to flee to a monastery. There he claimed sanctuary until

12769-407: Was widely known and there is evidence that his outwardly austere personality belied a devotion to his family. Letters to relatives have an affectionate tone not captured by official state business, as evidenced by many written to his mother Margaret. Many of the entries show a man who loosened his purse strings generously for his wife and children – and not just for necessities. After Elizabeth's death,

#585414