What Happens After You File a Qui Tam Case
After filing, your case remains under seal while the Department of Justice investigates, usually one to three years. The government then intervenes, declines, or settles. If it declines you may continue on your own, with a higher award share. Most cases resolve in two to five years.
The seal period
The statutory seal is 60 days. In practice the government asks for extensions and courts grant them, so a year or more is standard and complex matters run longer.
You keep working. You do not discuss the case. Your employer does not know it exists.
What the government does during the investigation
The Department of Justice works with the relevant inspector general, and sometimes the FBI or the Drug Enforcement Administration depending on the conduct. In our Recovery Centers of America matter the investigation involved the DEA, the HHS Office of Inspector General, and the OPM Office of Inspector General.
- Interviewing the relator, often more than once
- Issuing civil investigative demands for documents and testimony
- Analyzing claims data to size the loss
- Assessing the strength of the legal theory and the defendant’s ability to pay
The three outcomes
Intervention means the government takes over and the relator share is 15 to 25 percent. Declination means the relator may proceed alone, with a share of 25 to 30 percent. Some cases settle during the seal without formal intervention.
Declination is common and is frequently a resourcing judgment rather than a merits judgment. The question then is whether your counsel will fund and try the case.
After the seal lifts
The complaint is unsealed and served, and the case proceeds like other federal litigation, with motions to dismiss, discovery, and either settlement or trial. Your identity as relator becomes known at this point.
If you experienced retaliation, the 3730(h) claim is typically litigated or settled alongside. It is a separate claim with its own remedies, and it frequently resolves faster.
Frequently asked questions
How long does a qui tam case take?
Two to five years is typical. The seal period alone is often one to three years, and litigation after declination extends it further.
Will I have to testify?
You will almost certainly be interviewed by the government. Whether you testify at deposition or trial depends on how the case resolves, and most cases settle before trial.
Can I quit my job while the case is under seal?
Yes, and many relators do. Leaving does not affect your qui tam claim. It can affect a retaliation claim, so discuss the timing with counsel before you resign.
What if the government declines?
You may continue the case yourself, and your share rises to 25 to 30 percent. The practical question is whether your firm has the resources and willingness to carry it. Ours has done so successfully.
The attorneys who handle these cases
Related reading
Talk to a whistleblower attorney before you report
A conversation costs nothing and is confidential. We will tell you honestly whether what you have describes a case, and what the first-to-file rule means for your timing.