; (C) the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs; and (D) all expenses, fees, and costs described in subparagraph (C) shall be awarded against the defendant. (2) Private prosecution If the Government does not proceed with an action under subsection (a)— (A) the person bringing the action or settling the claim shall receive not less than 50 percent of the proceeds of the action or settlement of the claim; (B) any payment to the person under subparagraph (A) shall be made from the proceeds of the action; (C) the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs; and (D) all expenses, fees, and costs described in subparagraph (C) shall be awarded against the defendant. (3) Unclean hands (A) Reduction in share of proceeds for qui tam plaintiff Whether or not the Government proceeds with an action under subsection (a), if the court finds that the action was brought by a person who planned and initiated the violation of section 3(a) upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of the person in advancing the case to litigation and any relevant circumstances pertaining to the violation. (B) Criminal conviction (i) Dismissal of party If the person bringing an action under subsection (a) is convicted of criminal conduct arising from the person's role in the violation of section 3(a), the person— (I) shall be dismissed from the action