Background
Bud Conyers, a veteran, filed a qui tam suit under the False Claims Act against Kellogg Brown & Root, alleging fraud involving kickbacks and false billing. The Government intervened but later dropped Conyers’ specific claims while settling other claims with the defendant for over thirteen million dollars. Conyers did not receive a share of the settlement proceeds. He moved for attorney fees, which the district court denied based on a prior Fifth Circuit opinion, Conyers I, which held that a relator is only entitled to a share of the proceeds of the specific claim he brought.
The court’s reasoning
The court reviewed the statutory text of the False Claims Act de novo. It analyzed 31 United States Code Section 3730 subsection d one, which governs awards to qui tam plaintiffs. The court applied the rule of the last antecedent, concluding that the phrase ‘such person’ in the fee provision refers to the nearest antecedent: the person who brought the action and received payment from the proceeds. The court rejected the argument that ‘such person’ refers generally to any qui tam plaintiff, noting that Congress could have clarified this if intended. Because the statute is not ambiguous, the court declined to consider legislative history. The court noted that other circuits have reached the same conclusion, requiring a relator to receive a share of the proceeds to recover fees.
Because the FCA’s text requires a qui tam plaintiff to receive a proceeds’ share to collect attorney fees, costs, and expenses, we AFFIRM the district court’s denial of Conyers’ motion for attorney fees.
United States of America, ex rel Bud Conyers v. Kellogg Brown & Root, Incorporated, No. 25-20194 (5th Cir. May 7, 2026)
What it means going forward
Relators who do not receive a share of the settlement proceeds, even if they filed the initial suit, cannot recover attorney fees or expenses under the False Claims Act. This clarifies that fee recovery is contingent on receiving a proceeds share, not merely on bringing the action.
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