The stakes are increased when DOJ decides to intervene in a qui tam action and proceed with litigation. While there are approximately 700 new qui tam filings every year, and each one results in an investigation, the DOJ ultimately intervenes in only about 20% of those cases. But given DOJ’s pre-litigation subpoena authority, and its often extensive investigation into the relator’s allegations, it views the cases it pursues as strong. In addition, DOJ has significant resources to pursue its matters and many litigation tactics that may work with a private plaintiff, will not work with the DOJ.
