When filing a qui tam action under the False Claims Act and alleging a form of fraud against the government, such as Medicare fraud or government contract fraud, the details of the initial filing will be kept private. These lawsuits are filed under seal. The defendant has not yet been served with the complaint, so only the court and the government know the identity of the person filing the claim.
Generally speaking, the government has 60 days to consider the case and determine how to proceed. The filing stays under seal for those 60 days, while the investigation is carried out.
After that 60-day period, however, the seal may be lifted. This means that the details of the filing could then become public knowledge, and the initial protection is removed.
Could this period be extended?
Yes, there are cases in which the government cannot conduct its full investigation within 60 days. If that is not enough time, the government can request additional time and needs to show good cause. These are not automatic extensions, but they can be granted if there is a legitimate need, as there certainly could be with a particularly complex case. Some cases take months or even over a year.
There are also other potential options if you are interested in seeking a greater level of anonymity. For instance, a limited liability company can technically file a qui tam lawsuit. But even establishing a business entity to bring the suit to court does not guarantee long-term anonymity once the details of the suit have been unsealed.
As you can see, there are a lot of steps to consider when thinking about filing under the False Claims Act. If you are in this situation and you are trying to determine your best course of action, it can often help to work with an experienced attorney.