Under the False Claims Act, individuals can bring qui tam lawsuits on behalf of the government when they have evidence that a company or organization knowingly submitted false claims for government funds. Government intervention in these cases occurs when the Department of Justice (DOJ) chooses to take an active role in prosecuting a qui tam lawsuit.
After a whistleblower files a claim, the government reviews the allegations, examines supporting evidence and conducts its own investigation before deciding whether to intervene. Intervention is often viewed as a strong signal that the government believes the allegations have merit and that pursuing the case serves the public interest.
Why the government may choose to intervene
The government evaluates multiple factors when deciding whether to intervene. These may include:
- The strength and credibility of the evidence
- The amount of money allegedly lost through fraud
- The likelihood of proving the claims in court
- The broader impact on government programs and taxpayers
It’s worth noting that a decision not to intervene is not the same as a finding that the allegations lack merit. A good number of successful qui tam cases have proceeded without direct government participation.
What to expect
If the government intervenes in your qui tam case, it effectively joins the lawsuit and assumes primary responsibility for litigating the case. You’ll still be a party to the case, and a successful outcome can entitle you to a portion of the funds recovered.
Whether or not the government intervenes in your qui tam case, the path forward involves complex procedural rules and high stakes for everyone involved. Getting experienced legal guidance from someone who understands how these cases unfold from the initial filing through resolution can make a meaningful difference.