Posted at 16:16h
My practice strictly involves representing “relators,” the person who has knowledge of the violation of the False Claims Act and wishes to bring a lawsuit against the company.
As a relator, you are basically stepping “into the shoes” of the federal government. The federal government is essentially deputizing private citizens to bring law suits on the government’s behalf to recover money that should not have been paid because it was based on a false or fraudulent claim. If the government intervenes, then they do all of the work in furtherance of the case. If they don’t intervene, then you have to decide if you want to pursue it on your own.
As an experienced False Claims Act attorney, I am perfectly comfortable pursuing a case in which the government decides not to intervene.
The government doesn’t intervene in every single False Claims Act that is brought. The primary reason is not because it is not a good case, but because their resources are very limited and they have to be very selective about the kinds of cases that they take. Frankly speaking, the government has to go for the higher money cases, where there are tens of millions or hundreds of millions of dollars at stake. So, if you have a smaller False Claims Act case, it is less likely that the government will intervene, and you will have to pursue it on your own.
When you are pursuing a False Claims Act case on your own, (when the Government decides not to intervene), the case gets unsealed by the court. So, at that point the case becomes public, and then you basically litigate it like you would any other case before the court.
I don’t represent businesses that are being charged or are being sued for false claims act violations....