The relator's qui tam complaint is initially filed "under seal" and remains secret while the U.S. Department of Justice ("DOJ") investigates the claims on behalf of the Government. The complaint is served on the Office of the Attorney General and the U.S. Attorney's Office in the district where the action is filed, but is not served upon the defendant while the case is under seal.

The complaint, and all other filings in the case, remain under seal for a period of at least sixty days. At the conclusion of the sixty days, DOJ typically will file a motion with the district court to seek an extension of the seal period while the Government continues to investigate. It is not uncommon for DOJ to ask the court for multiple extensions of this deadline.

The Government investigation usually involves one or more law enforcement agencies such as the Office of Inspector General, the Postal Inspection Service, or the FBI. The investigation will often involve subpoenas being issued for documents, witness interviews, compelled oral testimony, and consultations with in-house or outside experts. If there is a parallel criminal investigation, search warrants and other criminal investigation tools may also be used to develop evidence.

At the conclusion of the Government's investigation, DOJ must do one of the following:

1. intervene in one or more counts of the pending qui tam action. The intervention shows the Government's intention to participate as a plaintiff in prosecuting the qui tam complaint.
2. decline to intervene in one or all counts of the pending qui tam action. If the Government declines to intervene, the relator may prosecute the action on behalf of the Government.
3. move to dismiss the relator's complaint, either because there is no case or the case conflicts with statutory or policy interests of the Government.

In practice, DOJ may also settle the pending qui tam action with the defendant before intervening. This often results in a simultaneous intervention by DOJ and settlement with the defendant. In contrast, DOJ may inform the relator that it intends to decline intervention. The relator then decides whether to pursue the case on his or her own or to voluntarily dismiss the action.

If you want a Florida Whistleblower Lawyer to review your qui tam claim, please call the attorneys at McCabe Rabin, P.A. at 877-915-4040 or submit your claim here.