The following excerpt is from United States v. Sprint Commc'ns, Inc., 855 F.3d 985 (9th Cir. 2017):
Third, as we explained in United States ex rel. Green v. Northrop Corp. , 59 F.3d 953 (9th Cir. 1995), "[t]he right to recovery clearly exists primarily to give relators incentives to bring claims ... [and] the extent of the recovery is tied to the importance of the relator's participation in the action and the relevance of the information brought forward." Id. at 96364 (footnote omitted). For instance, when the Government intervenes in a case, the statute generally mandates that the court award 15 to 25 percent of the proceeds to the relator, "depending upon the extent to which the person substantially contributed to the prosecution of the action." 31 U.S.C. 3730(d)(1). The statute prescribes a smaller recovery bracketzero to ten percent of the proceeds from an actionfor relators who bring cases primarily based on information that had already been publicly disclosed by someone other than the relator. Id. 3730(d)(1). Again, in determining the exact size of an award within that smallest bracket, courts are instructed to "tak[e] into account the significance of the information and the role of the person bringing the action in advancing the case to litigation."2 Id.
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