When you file a qui tam lawsuit, you are essentially reporting fraud against the federal government and asking the courts to hold wrongdoers accountable. The Department of Justice then has the opportunity to investigate your claim and decide whether to join your case. When the government declines to intervene, many people assume the case is over. It is not.
What “declining to intervene” actually means for your case
When the government steps back, the False Claims Act still gives you the right to move forward on your own. This is a significant and often overlooked option. As the relator, you become the driving force behind the litigation, which comes with both real opportunities and real challenges. Here are some key things to understand:
- You take on the financial risk: Without government backing, you bear the litigation costs, which can add up significantly over the course of a case.
- Your potential reward grows: Relators who move forward without government intervention may receive between 25 and 30 percent of any recovery, compared to 15 to 25 percent when the government participates.
- You control the litigation: As the primary party, you and your legal team make the key decisions about how to build and present the case.
- Fewer investigative resources: Without the government’s tools and reach, building a strong evidence base may require more work on your part.
Even without intervention, your qui tam case still has a path forward.
The government does not completely walk away
Declining to intervene does not mean the government loses all interest in your case. The DOJ retains the right to monitor proceedings and stay informed about how the litigation develops. It can also move to dismiss the case entirely if it determines that continuing could harm government interests or interfere with other ongoing matters. That possibility underscores how important it is to pursue these claims carefully and strategically.
A government declination can feel discouraging, but it does not close the door on your claim. Understanding your rights and options after that decision may be one of the most important steps you take.