The relator files the whistleblower lawsuit in federal court "under seal,” meaning it is not available to the public and cannot be discussed with anyone except the government officials investigating the case. Even the defendants - the individual or organization charged with committing fraud - are not told about the lawsuit. This gives the government time to investigate the fraud allegations without alerting the defendant. The seal initially lasts for 60 days. But seals on qui tam or whistleblower lawsuit cases can be routinely extended for one or two years or even longer while the government investigates.

At the end of the sealed investigative period, the government decides whether to join, or intervene, in the qui tam or federal whistleblower lawsuit. If the government joins the case, the litigation is conducted jointly by the government and the whistleblower’s attorney, with the government as lead counsel. If the government declines to intervene, the relator may go forward with the lawsuit and assumes primary responsibility for running the case.