How the case is filed?
A false claim is first reported to the government by filing a lawsuit in court under seal and sending a disclosure statement explaining the false claim in detail to the Department of Justice and the U.S. Attorney’s Office in the district where the lawsuit is filed. Once the case is filed under seal, the government can choose whether to intervene in the case and join the action. If the government decides to intervene and join the action, the case has a much better chance of succeeding. Your attorney must be able to assist you in selecting the jurisdiction in which the case should be filed. Some jurisdictions will view False Claims cases more favorably. Your attorney must also be able to effectively assist in investigating, documenting and filing a claim in order to maximize the case’s chances of success. Additionally, your attorney should be able to form a good relationship and work with the U.S. Attorney in the jurisdiction where the case is ultimately filed. The initial filing of the case is a crucial stage of a False Claims lawsuit and a skilled attorney can improve the whistleblower’s chances of having his/her case selected by the U.S. Attorney’s Office. If the government does not join the case, the whistleblower has the right to pursue the case alone. The government has the right to join the lawsuit later and the government may settle the case if it so chooses. After the initial filing, your attorney will litigate the case, with or without the assistance of the U.S. Attorney’s Office. It is important to make sure that your attorney has the necessary experience to handle complex litigation and the resources with which to pursue the litigation through trial and appeal, if necessary.