An individual files a False Claims Act case to return funds to the government. The whistleblower first notifies the government about the fraud and discloses that they are going to file a False Claims Act case. After that, the individual files the court case and serves it on the United States and any states that may be involved.
After a period of investigation, the government has a choice to intervene or decline. If the government intervenes, it will take the lead on settlement negotiations or take the case to trial. If the government declines, the individual who brought the case may choose to move forward on their own. If the case moves forward, the government always has the option to change its mind and intervene at a later date.
It is important to remember that in any False Claims Act case, the United States is the “real party in interest,” which means that the case is really about the government’s interests, not the interests of the person who files the suit. The whole purpose of the matter is to return money fraudulently obtained from the government.