What role does the Department of Justice (DOJ) have in Qui tam cases?

The Department of Justice (DOJ) plays a significant role in Qui tam cases, particularly concerning its authority to assume or decline to take up the case filed by a whistleblower. When a whistleblower files a Qui tam action under the False Claims Act, the DOJ has the option to investigate the claims and decide whether to join the case. This involvement is crucial because it reflects the government's interest in pursuing the alleged fraud against federal programs or funds.

If the DOJ decides to join the case, it typically brings added resources, expertise, and is able to leverage its authority in court, which can enhance the chances of a successful outcome. Conversely, if the DOJ declines to intervene, the whistleblower may still pursue the case independently, although the prospects for success might be lower without government backing.

The DOJ's ability to assume or decline a case is therefore central to the functioning of the Qui tam provisions, as it allows the government to prioritize resources on claims that align with its enforcement interests. This mechanism helps ensure that the cases pursued are worthy of public resources and attention, while also recognizing the whistleblower's role in bringing attention to potentially fraudulent activities.