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Filing a Complaint: To begin the process, the qui tam relator (plaintiff) files a sealed complaint in the district court that has jurisdiction. At this time, the relator must also file a disclosure in writing which contains all material evidence and information in his or her possession. The reason for the written disclosure is to provide the government with enough information for an investigation. This is necessary to determine whether or not the government will get involved in the lawsuit. From the time the relator has filed the complaint, the Department of Justice (DOJ) has sixty days to determine if they will join the qui tam action. The DOJ can request extensions if it needs more time to investigate. Some cases can remain under seal for as long as three years before a relator challenges the extensions and has the seal lifted. During investigation of the case, the DOJ will likely perform the following: • Interview with the relator
• Review relator records
• Interview corroborative witnesses
• Review government records
• Interview government officials
• Obtain and review defendant records through subpoena The DOJ has the option to join the lawsuit, decline joining, move to dismiss the action or settle the action prior to formal investigation. If the DOJ elects to join the lawsuit, it has the primary prosecution responsibility and controls the action. If it declines to join, the relator may still investigate and prosecute. Relator’s Role and Award Share: If the DOJ declines to join the qui tam action, the government still has the right to intervene at a later date if there is good reason. The relator is granted full discovery rights. These include court approved access to contractor and government records, as well as sworn testimony of any witnesses. The relator generally receives a larger percentage of the award if the DOJ declines to join the action. The relator is entitled to a minimum of fifteen percent and a maximum of thirty percent of the award. The size of the award depends on several factors including: • If the government joins and the prosecution is successful, the relator is entitled to between fifteen and twenty-five percent. This is providing the relator was not involved in the wrongdoing and to what extent he or she contributed to the prosecution of the case.
• If the government decides not to join and the relator prosecutes the case successfully, then the relator is entitled to between twenty-five and thirty percent of the award.
• If the relator was involved in the wrongdoing, the court can reduce the share based on the circumstances. If convicted of criminal conduct, the relator may be dismissed from the action and denied receipt of any share of the award. If you or someone you know is involved in a qui tam, it is important that you know your rights and responsibilities before proceeding with filing a case. Please contact Robbins & Associates, PC.
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