- Why Do False Claims Laws Matter?
- What’s a “False” Claim?
- Who Can File an FCA Case?
- How are Qui Tam Cases Filed?
- Why Are Whistleblower Cases Filed Under Seal?
- How Long Do Cases Stay Under Seal?
- What Happens While a Case is Under Seal?
- What Happens Once the Government Finishes Its Investigation?
- What’s the Difference Between “Intervened” and “Declined” Cases?
- What Happens if the Government Declines to Intervene?
- When Does the Defendant Find Out That I’m The Whistleblower?
- What are the Penalties for FCA Violations?
- If My Case is Successful, What’s My Share of the Recovery?
- I’d Like to Read the Federal False Claims Act for Myself, Can I Get a Copy?
- Which States Have False Claims Laws?
What Happens While a Case is Under Seal?
Generally speaking, after receiving a whistleblower’s complaint and written disclosure statement, the government takes two steps. It interviews the whistleblower and it contacts the government agency or department that is alleged to have been defrauded to gather more information. After those two steps, the government may also interview employees of the defendant or issue civil investigative demands (CIDs), which are like subpoenas, to the defendant or third-parties to obtain more information and evidence.
During the government’s investigation, whistleblowers and their counsel often work with the government, reviewing documents, suggesting areas of inquiry and witnesses to interview, and consulting with experts.
The period while a case is under seal can be frustrating. The government’s investigation can take months. Or it can take years. At Whistleblower Advocates, we always advise our clients that life must go on, independently of your case.