14. Whistleblower/False Claims Act – The Government Decides Whether to “Intervene” or “Decline”
The government gets to decide whether it will take over your qui tam case or let you prosecute it on your own.
Remember, the reason your case was filed “under seal” was to give the government time to decide whether to take over your case or decline to do so. In lawyer-speak, if the government decides to take over your case and prosecute it, we say the government “intervened.” On the other hand, if the government declines to take over your case, we say, the government “declined” the case. If the government intervenes, you, now called the “relator,” continue as a party, but the government has the primary responsibility. The government may initially decline and then intervene at a later stage for “good cause.” If the government declines, the full burden of going forward with the prosecution of your case falls on you, the relator. Unfortunately, in recent years, about 80% of cases are declined by the government. And, even more unfortunately, a large percentage of those declined cases are dropped or dismissed by relators. Many relators and their lawyers simply do not have the financial resources necessary to proceed with the prosecution of such cases.
1. Whistleblower/False Claims Act Portal
2. Whistleblower/False Claims Act Overview
3. Whistleblower/False Claims Act Cases are Referred to as Qui Tam Cases
4. Whistleblower/False Claims Act Cases Cannot Be Filed Pro Se
5. Whistleblower/False Claims Act - Common Types of Cases
6. Whistleblower/False Claims Act Basic Elements
7. Whistleblower/False Claims Act Cases Are Filed Under "Seal"
8. Whistleblower/False Claims Act - First to File Bar
9. Whistleblower/False Claims Act - Public Disclosure Bar
10. Whistleblower/False Claims Act Definition of "Original Source" Exception To Public Disclosure Bar
11. Whistleblower/False Claims Act Requires Materiality
12. Whistleblower/False Claims Act Cases Require Deliberate Acts
13. Whistleblower/False Claims Act Disclosures and Disclosure Statements
14. Whistleblower/False Claims Act - The Government Decides Whether to "Intervene" or "Decline"
15. Whistleblower/False Claims Act Liability
16. Whistleblower/False Claims Act - Damages and Penalties For Violation of the FCA
17. Whistleblower/False Claims Act Reward a/k/a "Relators' Share"
18. Whistleblower/False Claims Act Protects Against Retaliation
19. Whistleblower/False Claims Act - Reverse False Claims