After a qui tam case is filed, the government investigates the allegations and determines whether it will join, or “intervene,” in the qui tam case. The False Claims Act states that a qui tam case will be sealed for 60 days while the government conducts its investigation, but courts generally extend the seal period to give the government more time to complete its work.
The government intervenes in only a small percentage of the hundreds of qui tam lawsuits filed each year. When the government intervenes, it has primary control over the case, but the whistleblower and their attorney still participate. Whistleblowers have the option under the False Claims Act to pursue qui tam cases on their own, if the government declines to intervene. The government may ask the court for permission to join the qui tam lawsuit later even if it does not join at the beginning.