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Sunday, August 24, 2025

The DoJ is wise to deploy the False Claims Act against colleges - The Spectator World

Like Papal encyclicals, many statutes are known by the opening words of their Latin formulation. One that I just learned about is known as a “Qui tam” action. By itself, it is an enigmatic expression, since it just means “Who so” or “Who as.”

If you look it up, though, you will discover that “Qui tam” is shorthand for “Qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which makes much more sense: “Who prosecutes in this matter both for the King and for himself.” That tam, as is often the case, is balanced with quam, “as x, so y.” Spinoza contains a famous example toward the end of the Ethics: “Sed omnia praeclara tam difficilia quam rara sunt”: “For all things excellent are as difficult as they are rare.” And then there is sequitur. I remember when I learned that the deponent verb sequor, “I follow,” also means “prosecute,” as in the motto of the Department of Justice: “Qui Pro Domina Justitia Sequitur,” “Who prosecutes for Lady Justice.”

But I digress…

The origins of “Qui tam” statutes are ancient. Noting that they were intended to “enlist the public to sue to recover civil penalties and forfeitures from those who have defrauded the government,” one historical overview cites King Wihtred of Kent who in 695 declared that “If a freeman works during the forbidden time [i.e., the Sabbath], he shall forfeit his healsfang [fine, mulct], and the man who informs against him shall have half the fine, and [the profits arising] from the labour.”

Nota bene: “The man...



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