Convincing the DOJ to Intervene in Your Qui Tam Case
The Government’s Decision Regarding Intervention is a Key Step in a Qui Tam Case Under the False Claims Act
When you file a qui tam lawsuit with the federal government, intervention is a key step in the process. If the US Department of Justice (DOJ) intervenes, it will take over your case and pursue it directly. If government attorneys decline to intervene, you will need to decide whether to continue pursuing your case independently.
Whistleblower Team Lead
Former DOJ Attorney
Whistleblower Team Lead
Whistleblower Team
Former Supervisory Special Agent (DOJ)
The False Claims Act (FCA) allows private citizens (and, in some cases, government employees) to file lawsuits on behalf of the federal government. If you have information about any type of false or fraudulent claim for reimbursement (i.e., Medicare fraud or defense contract fraud), you may be eligible to file a lawsuit to recover American taxpayers’ funds as a qui tam relator.
Our law firm assists clients nationwide with pursuing qui tam suits under the FCA. If you think you may be eligible to file a qui tam complaint, our whistleblower attorneys can assess your eligibility and the likelihood that the US Department of Justice (DOJ) will intervene. Intervention is a key step in qui tam litigation; and, as a prospective whistleblower, understanding the likelihood of intervention is critical for making informed decisions about your path forward.
The Importance of Government Intervention in a False Claims Act Case
Congress enacted the qui tam provisions of the False Claims Act to encourage whistleblowers to come forward. These provisions protect eligible individuals who file a qui tam complaint with supporting documents in federal district court, and they entitle eligible individuals to monetary rewards in successful cases.
In qui tam matters, once an eligible individual files a whistleblower lawsuit, the DOJ will conduct an investigation. Depending on the circumstances, this may involve issuing subpoenas and civil investigative demands (CIDs), working with government informants, and gathering evidence through various other means. Upon completing its investigation, the DOJ will decide whether to “intervene.”
When the DOJ intervenes in qui tam suits filed under the FCA, it takes over the litigation. The DOJ pursues charges directly, relying on the federal government’s vast resources to either establish leverage for favorable settlement negotiations or seek a favorable verdict in court. When the DOJ declines to intervene in a qui tam action, it is up to the relator to decide whether to continue pursuing the litigation independently.
Getting to Intervention: Assisting with a Government Investigation
As you can see, intervention is a key decision point in federal whistleblower claims. If the government decides to intervene, this means government attorneys have determined that both: (i) the case is worth pursuing; and, (ii) the case has a reasonable chance of success. If the government conducts an investigation and decides not to intervene, this means that one (or both) of these determinations is lacking.
When you come forward as a qui tam relator, your primary responsibility is to file a complaint that demonstrates further investigation is warranted. However, this is just the first step in the process. Once you file your complaint, you should be prepared to work with the relevant U.S. Attorney’s Office as it investigates the allegations you have put forward. Assisting the government with conducting a thorough investigation is important for two key reasons:
- Providing additional assistance helps increase the chances that the government elects to pursue your case directly; and,
- Providing additional assistance can help increase the amount of your whistleblower reward if your case is successful.
At Oberheiden PC, we assist private individuals with all aspects of serving as a qui tam relator under the FCA. Our legal team can determine if you are eligible to come forward (i.e., if you are the first to file), and then we can prepare and file a comprehensive qui tam complaint on your behalf. Then, we can work with the government during its investigation, and we can use our experience to help increase the chances that the government chooses to intervene.
Of course, there are no guarantees. Even when qui tam relators come forward with strong cases, the DOJ will still decline intervention in some cases. This could be due to limited resources, the DOJ’s decision to prioritize other types of cases, or various other factors. With this in mind, when serving as relator’s counsel in qui tam cases, we take a proactive approach focused on ensuring that our clients are able to make informed decisions before they commit to moving forward.
What if the Government Declines to Intervene?
When the government declines to intervene, this has two key implications for a qui tam whistleblower. First, as discussed above, at this stage the whistleblower must decide whether to continue pursuing the case independently. While pursuing a non-intervened case can be challenging, it is not impossible, and whistleblowers can (and do) win these cases.
Second, the government’s decision regarding intervention also plays a key role in determining the whistleblower compensation that is available. If the government declines to intervene, a qui tam whistleblower is entitled to receive between 25% and 30% of the funds recovered on the government’s behalf. Had the government intervened, the whistleblower would be entitled to between 15% and 25% of the government’s recovery in most cases.
From Healthcare Fraud to Defense Contract Fraud, We Handle All Types of Qui Tam Cases
Our law firm represents whistleblowers in all types of qui tam cases. Whether you have information about Medicare fraud, Medicaid fraud, defense contract fraud, or any other type of “false or fraudulent” claim or false record submitted to the federal government, we can help you make informed decisions and take appropriate legal action on your behalf.
Along with handling qui tam cases, we also handle all other types of federal whistleblower cases. If you are eligible to file a whistleblower complaint with the US Department of Health and Human Services Office of Inspector General (HHS OIG), US Department of Defense (DOD), Internal Revenue Service (IRS), or any other affected agency, we can assist you in this scenario as well.
FAQs: Government Intervention in Qui Tam Whistleblower Cases
What happens if the government declines to intervene in a qui tam whistleblower case?
The DOJ has an obligation to investigate all facially compliant whistleblower complaints. The purpose of this investigation is to determine whether intervention is warranted. As a qui tam whistleblower, convincing the DOJ to intervene in your qui tam case is a key step in the process—as this ensures that the federal government will use its resources to seek enforcement based on the allegations you have put forward. While it is possible to pursue a non-intervened case independently, this requires significantly more time, effort, and resources than working with the DOJ.
What factors does the DOJ consider when deciding whether to intervene in a qui tam case?
When evaluating qui tam complaints, prosecutors at the DOJ look for specificity in the relator’s allegations—including the who, what, when, where, and how of the alleged fraud. As a result, a well-organized disclosure statement supported by substantial evidence is essential, and this is one of several reasons why it is important to engage a qualified attorney to file your qui tam case.
Once filed, qui tam lawsuits are kept under seal for 60 days. The government investigates the relator’s allegations during this sealed period, looking for evidence that clearly demonstrates the defendant’s knowledge and the materiality of the false claims involved. Relators must also present evidence of damages to persuade the DOJ to intervene, as federal prosecutors will assess the potential recovery and compare this with the resources required to pursue litigation.
Can the DOJ intervene in a case after initially declining to do so?
Generally, the DOJ will not intervene in a case after initially declining to do so. With that said, if the DOJ takes an interest in your non-intervened case, our attorneys can continue working with the DOJ throughout the process.
What are my options if the DOJ declined to take my qui tam case?
If the DOJ declined to take your qui tam case, you should promptly consult with an experienced whistleblower attorney about whether to continue pursuing your case independently. Successful non-intervened qui tam cases can yield substantial recoveries for whistleblowers. While the DOJ declined to intervene in 1,297 qui tam cases in its 2025 fiscal year, it also reported more than $5.3 billion in settlements from declined cases—with whistleblower rewards generally ranging from 25% to 30% of the funds recovered.
Am I protected if I file a qui tam complaint under the False Claims Act?
Whistleblowers are entitled to strong protections under federal law. The False Claims Act strictly prohibits retaliation against whistleblowers. It also entitles whistleblowers to confidentiality, which means that retaliation is relatively unlikely. However, if your employer discerns your identity and illegally retaliates against you as a whistleblower, our lawyers will be able to help you sue for reinstatement, double back pay and/or other appropriate remedies. The False Claims Act’s whistleblower protections cover both employees and independent contractors.
Schedule a Free and Confidential Consultation at Oberheiden PC
If you need to know more about serving as a qui tam relator, we invite you to get in touch. Please call 888-680-1745 or contact us online to schedule a free and confidential consultation.
