How to File a Qui Tam Lawsuit: Steps Under the False Claims Act

Qui tam cases are not filed like ordinary lawsuits. The False Claims Act requires a relator to work with an attorney, assemble specific evidence of fraud against federal funds, and file a complaint under seal in federal court.

Before filing, counsel typically evaluates whether the conduct fits the FCA, whether you have non-public knowledge, and whether first-to-file or public disclosure rules might block the case.

Choose a lawyer or firm that regularly handles False Claims Act cases — not general litigation counsel learning on the job. Initial consultations are usually confidential. Use personal email or phone, not employer systems.

Your attorney drafts a detailed complaint alleging false claims and prepares a written disclosure of material evidence for the Department of Justice, as the statute requires. The goal is to give DOJ enough detail to investigate while protecting your identity during the seal period.

The case is filed in federal court and served on the government, not the defendant. It remains secret — often for months or years — while DOJ decides whether to intervene, negotiate, or decline.

If the government intervenes, it may lead settlement talks or litigation. If it declines, you and your counsel may pursue the case alone, subject to court approval of any settlement. Timelines vary widely; patience and confidentiality are essential.

For reward percentages and eligibility basics, see our whistleblower rewards overview. This guide is educational, not legal advice for your situation.