Opinion
2:03-CV-0457-GEB-DAD.
December 7, 2007
ORDER
This matter was determined to be suitable for decision without oral argument. L.R. 78-230(h).
Leeland O. White moves to intervene in this False Claims Actqui tam action arguing that he was the "first to file" a qui tam action against Defendant University of Phoenix. Relators Mary Hendow and Julie Albertson, on behalf of the United States (Real Party in Interest), and Defendant University of Phoenix oppose the motion, arguing that only the United States is authorized to intervene in this action.
The False Claims Act provides that only "the Government" may intervene in qui tam actions. 31 U.S.C. § 3730(b)(5). "This provision states without qualification that persons other than the government may not intervene in qui tam actions. By drafting the statute in such unequivocal language, Congress made the strongest possible statement against private party intervention in qui tam suits." United States ex rel. LaCorte v. Wagner, 185 F.3d 188, 191 (4th Cir. 1999) (denying individual's motion to intervene).
Accordingly, White's motion to intervene is denied.
IT IS SO ORDERED.