Whistleblower Anonymity
The identity of the Relator will be kept confidential, known only to the government and the Court, unless and until the Court lifts the seal on the case. The law requires that the seal remain in place for at least 60 days. In most cases the government will move for an extension of the seal while it investigates the case, meaning so that as long as the government is investigating the case, the relator will remain anonymous. The investigative phase of a case often takes two to three years, though there are no guarantees that the seal will remain in place beyond the 60 day seal period.
Though a defendant often becomes aware that it is being investigated during the seal period, the defendant will not be informed of the existence of a qui tam case unless the case has been unsealed by the Court.
If the government intervenes in the case, the Complaint is served on the defendants and the Relator’s identity becomes public knowledge. If the government declines to intervene in the case, the relator has to decide whether to continue the litigation or dismiss the action.
"No Relator should file a complaint with the expectation of long term anonymity."
If the relator continues the case without the government, the Complaint will be unsealed and served on the defendant and the Relator’s identity will become public knowledge. If the relator decides to dismiss the suit, the Court may leave the suit under seal. In such a situation, the Relator would remain anonymous and the defendant would not be made aware of the Complaint. If the Court Orders the Complaint to be unsealed at the time it is dismissed, the Complaint would then be a public document but since it is not required to be served on the defendant, the Relator’s identity may still remain unknown to the defendant.
The government does sometimes seek a court order partially unsealing the case for purposes of negotiating with the defendant. In many such cases, the relator’s name can be deleted from the documents given to the defendant though the specificity of the Complaint may indicate the identity of the Relator. when a partial unsealing occurs.
No Relator should file a Complaint with the expectation of long term anonymity. In practice, the identity of a Relator remains anonymous for some time after the Complaint has been filed. If a case is successful, the identity of the Relator will always become known. If a case is unsuccessful, the identity often remains unknown to the defendant or the public though there are no guarantees of anonymity in such circumstances.
