Taking the step to report fraud is a significant decision that often leads to an unexpected period of quiet. Under the False Claims Act (FCA), your case begins “under seal.” This means the lawsuit is filed privately, and the court prevents the public or the defendant from seeing the details while the government begins its work.
Why the government keeps things quiet
The primary reason for this secrecy is to allow the Department of Justice (and sometimes state investigators, depending on the program involved) to investigate without tipping off the entity being accused. If a company knows an investigation is looming, there is a risk that evidence could be destroyed or assets moved. By keeping the case confidential, the government can perform a thorough audit and decide whether to join the litigation.
But the second reason is so that multiple whistleblowers may file a Qui Tam case under seal, providing the government with more data and documents to support the first case. An experienced FCA attorney can help navigate your case when there is more than one Relator, given the “First to File” rule involving similar claims.
Anticipating the timeline for an investigation
While the law initially sets a 60-day window for the seal, this period is rarely that short. Prosecutors often request extensions from the court to complete complex financial reviews or interview witnesses. It is not uncommon for a case to remain under seal for a year or more as the government investigates, evaluates the strength of the evidence, and in some cases negotiates a potential settlement.
Protecting your claim through confidentiality
Maintaining the integrity of the seal is your most important responsibility during this time. To protect the viability of the claim, you should adhere to strict communication boundaries:
- Avoid discussing the details of the filing with coworkers or friends.
- Refrain from posting any information related to the case on social media.
- Continue performing your job duties to the best of your ability.
- Save all relevant documents and communications in a secure, private location.
Keeping these details confidential ensures that the government’s investigation is not compromised by outside interference.
Handling your professional life during the seal
Continuing to work for an employer you have reported is challenging, but legal protections exist to help. Federal and certain Wisconsin laws include anti-retaliation provisions that prohibit employers from firing, demoting or harassing employees for participating in protected activities.
The seal period serves a practical purpose: it keeps the case confidential while giving investigators time to evaluate the claims thoroughly. That said, it can still be uncomfortable and stressful. If you’re uncertain about how to navigate workplace situations or have concerns about potential retaliation or document acquisition during this time, you’ll want to consult with a qui tam attorney who has considerable experience and knows the ropes in this procedurally unusual process.