How to File a Qui Tam Lawsuit Under the False Claims Act

A hallmark of the False Claims Act (FCA) is its qui tam mechanism, which empowers private individuals—known as “relators” or whistleblowers—to bring civil actions on behalf of the United States against parties alleged to have defrauded federal programs.

When a relator initiates a qui tam action, the complaint must be filed under seal in federal court.  This means the lawsuit is kept confidential and not served on the defendant at the outset.  The seal remains in place for at least 60 days, though the government frequently requests and is often granted extensions, resulting in cases sometimes remaining under seal for months or even years. 

The purpose of the seal is to allow the government to investigate the allegations discreetly, determine whether to intervene, and avoid tipping off the defendant or interfering with ongoing investigations.  During this period, only the government and the relator are aware of the lawsuit’s existence.

In addition to filing a complaint under seal, the whistleblower is required to provide the government with a written disclosure statement. The disclosure statement must include all material evidence and information in the relator’s possession. It is submitted confidentially to the U.S. Department of Justice and is often the government’s first opportunity to evaluate the case. 

While the case is under seal, the government reviews the allegations and evidence provided to decide whether to intervene and assume primary responsibility for prosecuting the action.  During this period, the whistleblower may be asked to assist in the investigation. That assistance can take many forms, including answering questions, supplying documents, and helping interpret internal records or policies. The more credible and substantial the evidence, the more likely the government is to join the case.

If the government intervenes, it leads the litigation. If the government declines to intervene, the relator may proceed independently on the government’s behalf, though the government retains the right to intervene at a later stage.