Agency: U.S. Department of Justice — Civil Division
Prerequisites Required Before Filing:
You must retain an attorney before filing — the False Claims Act does not permit pro se qui tam relators. The complaint must be filed in federal district court under seal (not served on the defendant) and served simultaneously on the U.S. Department of Justice through the U.S. Attorney's Office for the filing district. Your attorney will also prepare a written disclosure statement containing all supporting information about the fraud.
What to Do
- Retain a False Claims Act attorney immediately. The FCA requires all qui tam relators to be represented by counsel. Your attorney is essential for maintaining confidentiality, structuring the complaint, analyzing whether prior disclosure bars apply (if the government already knows about the fraud, your claim may be dismissed), and advising on the parallel retaliation claim under FCA § 3730(h).
- Gather and preserve evidence. Document the fraudulent scheme: contracts, invoices, billing records, emails, and any other materials showing that a person or company submitted false claims for payment to the federal government. Do not remove employer property without authorization — improper removal can expose you to counterclaims and compromise your case.
- Your attorney drafts the qui tam complaint and disclosure statement. The complaint is filed in federal district court under seal. The written disclosure statement (served on DOJ but not filed with the court) must contain all material evidence and information supporting the allegations. DOJ needs this to investigate without revealing your identity to the defendant.
- File under seal with the court and serve DOJ. The complaint is filed with the federal district court and served only on the U.S. Attorney’s Office for the district and the U.S. Attorney General. The defendant does not receive notice during the sealed period. You may not discuss the case publicly while it is under seal.
- Government investigation period. DOJ has 60 days to investigate, which is routinely extended by motion. Investigations can last months or years. During this period, DOJ interviews witnesses, reviews documents, and decides whether to intervene.
- Government decision. DOJ may: (a) intervene and take over prosecution — you receive 15–25% of recovered funds; (b) decline intervention — you may proceed on your own and receive 25–30%; or (c) move to dismiss. If DOJ intervenes, it controls the litigation, though you retain rights to participate. Settlements require court approval.
- Anti-retaliation protection (FCA § 3730(h)). If you experienced retaliation for investigating, filing, or supporting an FCA action, you have a separate anti-retaliation claim. File in federal district court within 3 years of the retaliation. This claim does not need to be filed under seal and is independent of the qui tam action.
Important — Other Procedures May Be Affected:
Filing a qui tam lawsuit initiates a sealed federal lawsuit — you generally cannot discuss the substance of the case publicly during the seal period without risking dismissal. If you have already filed an agency complaint (e.g., with OSHA under SOX) for the same underlying retaliation, discuss the interaction with your FCA attorney. Some courts have held that election-of-remedies principles may affect parallel claims for the same adverse action.