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What happens when the Government decides not to intervene?

If the Government does not intervene in a case, the Relator and her counsel are generally free to pursue the case without the Government’s help. However, cases filed under the New York City False Claims Act cannot proceed without the permission of the Corporation Counsel.  Likewise, the IRS whistleblower statute does not provide whistleblowers who initiate actions under the statute with any right to pursue a case if the Government decides not to do so.

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