What role does the government play in a qui tam case under the False Claims Act?
When a qui tam lawsuit is filed by a False Claims Act whistleblower, it is initially kept “under seal.” This means that only the government is informed of the lawsuit. During the time that the lawsuit is “under seal,” the government has an opportunity to investigate the qui tam whistleblower’s allegations. The government, if it chooses, can then “intervene” in the lawsuit. This means that the government’s own attorneys, from the Department of Justice, will become involved in litigating the claims. Generally, intervention is a positive development for the whistleblower, because intervention brings all of the resources and prestige of the government to bear on the case. If the government decides not to intervene, however, the relator may still choose to continue the case without the government’s assistance.