What Happens if the Government Declines to Intervene?

Historically, the United States has intervened in only a small percentage of whistleblower cases.

One thing that differentiates some whistleblower counsel from others is their relative rates of success in having the government intervene in their clients’ cases. Another is the resources that lawyers have available to litigate a meritorious case that, for one reason or another, the government has declined. Some lawyers, and teams of lawyers, have vastly more resources than others.

If the government declines to intervene in your case, that may or may not spell the end of your case. The decision whether to press forward with a case after the government has declined can be a difficult decision and always depends on the circumstances. A declination is not necessarily a comment on the merits of your case. The government declines to intervene in cases for all kinds of reasons, only some of which relate to the government’s evaluation of the strength of the case. In addition, the government can, and sometimes does, change its mind, by deciding to intervene at a later point in a case it earlier declined.