If the Government declines to intervene in your qui tam case, you and your attorney need to make an assessment to decide if the case is worth investing the time and money required to sue the defendant. The Government has many reasons for not pursuing cases, many of them perfectly valid, some not so laudatory. Where the dollar amount of the fraud is less than $ 1 million, the Department of Justice normally will not take an active lead in the cases--absent some other special circumstances.

Your first step after being told of a non-internvention decision is to ask for an explanation, perhaps in a meeting with the Department of Justice or Assistant U.S. Attorney primarily responsible for recommending that the Government not intervene.  Occasionally, in such a meeting, you may be able to persuade the Government to review its initial decision.  Many times, once information is shared with you and your lawyer, you may come to the same conclusion as the Government--that the case should not be pursued.