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Declined Whistleblower Cases: What Happens Next?

  
  
  

DOJ Letter cites declined whistleblower case statisticsFed Declines 75% of False Claims Act Whistleblower Cases

The government declines to intervene in the majority of cases filed under the qui tam provisions of the False Claims Act.  According to DOJ statistics, approximately 75% of whistleblower cases filed under the False Claims Act are declined.  One reason for this is that the number of whistleblower cases filed under the False Claims Act has steadily risen over the last decade.  The Government reported that 300-400 False Claims Act cases were filed each year over most of the last decade but that 683 new cases were filed in 2011 alone.  Government attorneys have indicated that there are likely more than 1,400 whistleblower cases under seal at any time and that 65% of these qui tams are healthcare related cases.  Reports estimate that the government has no more than 200 Assistant U.S. Attorneys nationwide working on the nearly 1,000 healthcare related qui tam actions that are presently under seal.

Given these statistics and trends, it is not surprising that the government declines to intervene in the majority of whistleblower cases filed under the False Claims Act.  Historically, most whistleblowers (Relators) decide to voluntarily dismiss their qui tam and not pursue it following the government's decision not to intervene.  However, in many instances the relator is free to pursue the action following the government's declination.  Many of these may be viable cases with significant damages.  Yet, many private attorneys, including experienced qui tam counsel, will not pursue whistleblower cases following the government's decision not to intervene.

Our firm has pursued several declined whistleblower actions and understands the significant commitment of time, resources and skill which is necessary to effectively pursue these cases following the government's decision not to intervene.

Our firm's experienced qui tam attorneys represent whistleblowers in qui tam cases that have been declined by the government.  We are willing to commit the substantial time, expertise and resources necessary to successfully pursue declined whistleblower cases.

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