What happens when the Government decides not to intervene?

If the Government does not intervene in a case, the Relator and her counsel are generally free to pursue the case without the Government’s help. However, cases filed under the New York City False Claims Act cannot proceed without the permission of the Corporation Counsel.  Likewise, the IRS whistleblower statute does not provide whistleblowers who initiate actions under the statute with any right to pursue a case if the Government decides not to do so.

Who are the key players at the Agency?

Federal Agencies have offices of “Inspector General” who are charged with investigating fraud and abuse. In many cases, representatives of the applicable agency’s Inspector General office will work closely with DOJ. The agency also will have a General Counsel’s office, which will play a role in deciding whether to intervene and/or litigate the case.

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