A qui tam action is brought to recover for fraud committed against the federal government. Although qui tam actions are usually brought by private citizens or entities, the federal government has a role to play in a qui tam action. The extent of its involvement will vary from case to case. An experienced qui tam litigation attorney can analyze your claim and determine how much governmental involvement may be anticipated in your case.

The Initial Investigation

A qui tam action is commenced by filing a copy of the complaint (a document that sets out the details of the wrongdoing or fraud that forms the basis of the action) with the federal District Court. A copy of the complaint is also served on the United States Attorney for the district, and on the Department of Justice in Washington, D.C. The complaint is filed and served "under seal," to prevent its contents from becoming public information.

After the complaint is served, the Department of Justice has a period of sixty days in which to make a preliminary investigation of the claim, and decide if it will participate in the lawsuit. The complaint remains under seal during this time. Since the service of the complaint may be the first time the government has any information regarding the fraud or other wrongdoing, the Department of Justice often will ask for additional time in which to investigate. Requests for additional time are usually granted, and it is not unusual for a preliminary investigation to take over a year.

The preliminary investigation is conducted by the Inspector General of the agency whose program or contract was the subject of the fraud or wrongdoing.

Government Intervention

The government has several possible courses of action it may take as a result of its preliminary investigation:

• Join the lawsuit;
• Decline to join the suit;
• Pursue an alternate remedy, such as an administrative action;
• Attempt to settle the case; or
• Dismiss the complaint.

The government rarely attempts to dismiss the complaint. If it feels that the complaint should not be pursued, the government will merely decline to join in the lawsuit, although the False Claims Act gives the government the right to change its mind, and join the suit at a later date. The government may decline to join the suit for a number of reason - for example, because it feels the case has no merit, or because it does not wish to allot the resources necessary to pursue the claim.

If the government decides to join in the case, it will take on the primary responsibility for investigating and pursuing the case. It may choose to limit the further role of the party who originally brought the action.

If the Government Declines to Intervene

If the government decides not to join in the suit, the person who filed the action may continue the action. A private individual who pursues a qui tam action has the same rights to investigate the claim, and obtain information from the defendant as the government would if it were participating.

A private individual who successfully pursues a qui tam action after the government declines to participate is entitled to a larger award than he or she would have received if the government had been involved.

If you pursue a qui tam suit without government participation, you will need the help of an experienced qui tam litigation attorney.

Conclusion

It is up to the government to decide whether it will pursue a qui tam action brought by a private party, and, if it does, how much involvement it will allow the private party to have. An expert qui tam litigation attorney will give you the legal assistance you need, whatever the government's involvement.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return To Main

Home :: Firm Overview :: Attorney Profiles :: Practice Areas :: Personal Injury :: Qui Tam Information :: Discrimination Info :: PI Tools :: Contact Us

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2009 by Bateman & Bateman, P.C. Attorneys at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.