Declined False Claims Act Cases

If the government has declined to intervene in your case the first thing to remember is that your are not alone. U.S. Department of Justice statistics indicate that fewer than 25% of all qui tam actions result in intervention on any claim. That means that each year hundreds of whistleblowers are left with a very trying decision: either abandon a case that may have already taken years, damaging your career and personal life; or, go it alone, battling powerful defrauders and sometimes even the government agencies themselves. Worse yet, it is at this juncture that many whistleblower firms do a declination of their own, losing interest or pulling out of the case entirely, just when the whistleblower is most in need of a good lawyer.

We at Loevy & Loevy can help. Whistleblowers confronting a declination need to be able to make an informed decision about how to proceed. We have the knowledge and experience to advise you about whether there is a good reason for you to relinquish your suit or continue to fight on. Most importantly, if your suit is viable (as many declined cases are) we have the resources and wherewithal to take over your representation at the point of declination, prepare your case for trial, and win!

The fact is, Congress gave whistleblowers private attorney general powers precisely because the government does not always pursue the legitimate cases. While the government's investigation sometimes uncovers a genuine insurmountable problem with the fraud case, all too often, the government's declination decision stems from a poor investigation and is simply wrong. Bad declinations can result from laziness, disinformation by the high-paid lawyers who defend the defrauders, and even cover-ups by the victim government agencies that are embarrassed for being asleep at the wheel or too entwined with the government contractors that routinely bilk them.

Loevy & Loevy takes seriously the private attorney general responsibility. Unlike most other whistleblower firms (many of whom view your case as a lottery ticket and plan in advance to dump you if the government will not do the work), we are not afraid to invest heavily with our own time and financial resources, even where the government refuses to step in. If you have had the unfortunate experience of a government declination and need new whistleblower counsel, please contact us so that we can help at (312) 243-5900 or email us at Whistleblower@Loevy.com.