A relator files the complaint under seal and serves it on the government, which investigates and decides whether to intervene. If the government intervenes it takes over the litigation; if not, the relator may proceed alone.
Relator shares generally range from fifteen to twenty-five percent where the government intervenes and higher where it does not.
Alternative Names:
Whistleblower Action, Relator Action
Why it Matters?
The seal period is where these cases are actually decided. A defendant may be under investigation for a year or more without knowing a complaint exists, and the government's intervention decision is heavily influenced by what it learns during that period. Once a defendant becomes aware, engaging with the government before the intervention decision is frequently the highest-value step available, since declined cases resolve far more favorably.
Frequently Confused with
Related terms
Frequently asked questions
What happens during the seal period?
Does government intervention matter?
