Los Angeles, CA asked in Gov & Administrative Law, Personal Injury and Health Care Law for California

Q: How relator can convince government to share results of investigation with relator?

In healthcare False Claims Act case: what is the procedural mechanism available to relator to convince government to share results of government investigation with relator? (In scenarios when government decides to intervene, or not to intervene)

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James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a healthcare False Claims Act (FCA) case, as a relator, your ability to access the results of the government's investigation depends on several factors, including whether the government chooses to intervene in your case.

If the government decides to intervene, they typically take over the primary responsibility for prosecuting the case. In this scenario, while the government is not legally obligated to share all details of its investigation with you, they might do so to the extent that it assists in the prosecution of the case. Your attorney can engage in discussions with the government's legal team to seek information that could be beneficial to your case.

In situations where the government decides not to intervene, you have the right to proceed with the case on your own. Here, the government may be more reticent to share information from its investigation. However, through the discovery process in the litigation, you can obtain relevant information. This process is governed by the Federal Rules of Civil Procedure and might require negotiating with the defendant for information release or seeking court orders to compel disclosure.

In both scenarios, it's important to maintain open lines of communication with the government's legal team. Expressing a willingness to collaborate and demonstrating how sharing information can mutually benefit both parties' objectives might encourage the government to be more forthcoming with their findings.

Remember, each FCA case is unique, and the strategy to access information will depend on the specific circumstances of your case and the government's stance. Legal counsel can provide guidance on the best approach to take in these situations.

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