A. Except as hereinafter provided, if the Commonwealth proceeds with an action brought by a person under § 8.01- 216.5, such person shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor of Public Accounts' report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under this section shall be made from the proceeds of the award. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
§ 8.01-216.7.Award to private plaintiff.
Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2002 · Last verified July 16, 2026
In one sentenceSection 8.01-216.7 sets the private plaintiff’s share of the recovery in a qui tam action -- fifteen to twenty-five percent if the Commonwealth intervenes, twenty-five to thirty percent if it does not -- plus attorney fees and costs, while barring any award to a plaintiff who planned or was convicted for the underlying violation.
Full Text of § 8.01-216.7
B. If the Commonwealth does not proceed with an action, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent and not more than thirty percent of the proceeds of the award or settlement and shall be paid out of the proceeds. Such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
C. Whether or not the Commonwealth proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 8.01-216.3 upon which the action was brought, or if the person bringing the action is convicted of criminal conduct arising from his role in the violation of § 8.01-216.3, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the Commonwealth to continue the action.
D. If the Commonwealth does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
Plain-English Summary
Section 8.01-216.7 sets what a private plaintiff earns for bringing a successful qui tam action. If the Commonwealth proceeds with the case, the plaintiff generally receives between fifteen and twenty-five percent of the proceeds, with the exact share turning on how much the plaintiff contributed to the prosecution. Where the action rests mainly on information already disclosed elsewhere — in a hearing, a legislative or Auditor of Public Accounts report, or the news media — rather than on what the plaintiff personally uncovered, the court’s award drops to no more than ten percent, weighed against the significance of the plaintiff’s information and role. Either way, the plaintiff also collects reasonable expenses, attorney fees, and costs, all charged against the defendant on top of the share of the proceeds.
If the Commonwealth does not proceed and the plaintiff carries the case alone, the plaintiff’s share rises to a range of twenty-five to thirty percent of the proceeds, reflecting the greater risk and effort of prosecuting the action without the Commonwealth’s involvement, along with the same entitlement to expenses, fees, and costs from the defendant.
Two provisions cut against the plaintiff. A plaintiff who planned or initiated the underlying violation, or who is convicted of criminal conduct arising from a role in it, is dismissed from the case and receives no share of any recovery — though the Commonwealth’s own action can continue regardless. And if the Commonwealth stays out of the case and the plaintiff loses, the court may make the plaintiff pay the defendant’s reasonable attorney fees and expenses, but only if the defendant prevails and the court finds the plaintiff’s claim was clearly frivolous, clearly vexatious, or brought mainly to harass.
Frequently Asked Questions
How much can a private plaintiff recover in a Virginia qui tam case?
Fifteen to twenty-five percent of the proceeds if the Commonwealth proceeds with the action, or twenty-five to thirty percent if the plaintiff carries the case without the Commonwealth, plus reasonable expenses, attorney fees, and costs charged against the defendant.
Does a plaintiff who relies on already-public information still get a full share?
No. If the action is based mainly on information already disclosed in a hearing, a government report, or the news media rather than the plaintiff’s own findings, the award is capped at ten percent, based on the significance of the plaintiff’s information and role.
Does a whistleblower have to pay for their own attorney?
No. Section 8.01-216.7 entitles a successful plaintiff to reasonable expenses, attorney fees, and costs, awarded against the defendant separately from the plaintiff’s percentage share of the recovery.
Can someone who took part in the fraud collect a reward for reporting it?
No. A plaintiff who planned or initiated the underlying violation, or who is convicted of criminal conduct tied to it, is dismissed from the case and gets no share of the proceeds, though the Commonwealth can still pursue its own action.
Can a losing plaintiff be ordered to pay the defendant’s legal fees?
Only in a narrow circumstance: the Commonwealth must have declined to proceed, the defendant must prevail, and the court must find the plaintiff’s claim was clearly frivolous, clearly vexatious, or brought mainly to harass.
Amendment History
2002, c. 842.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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