Sealed Complaint

One of the most unusual features of qui tam actions under the False Claims Act (FCA) is how cases begin—with the filing of a sealed complaint.

When a whistleblower files a qui tam lawsuit under the FCA, that complaint is filed under seal. This means it’s kept confidential from the public, and even from the defendant, for a period of time. By law, the case must remain under seal for at least 60 days. However, the Department of Justice (DOJ) can, and routinely does, request extensions from the Court. As a result, it is not unusual for qui tam actions to remain under seal for years. During this sealed phase, the DOJ investigates the claims to decide whether to intervene.

The purpose of the seal is to protect the government’s investigation and to prevent potential evidence tampering. For whistleblowers, it also provides a measure of privacy and protection during the critical early stages of a case.

Once the government completes its review and decides whether or not to intervene, the seal is lifted, and the case becomes public. The whistleblower’s identity is disclosed unless there are exceptional circumstances.

Barrett Johnston, PLLC, guides whistleblowers through this sensitive process. Understanding what “sealed” really means—and how long it lasts—can make the process less daunting and help individuals focus on the bigger goal: accountability and justice.