Government Role after Filing: Once a complaint and written disclosure is filed under seal, the Department of Justice (DOJ) has 60 days to investigate the information disclosed and determine whether it will join in the lawsuit.
This description of the process under the law sure sounds like they have a choice. Maybe your use of choice is some legal term of art?
You seem to have missed altogether that the case involving Carl Kruse by direct reference as a defendant is apparently not the one that was cited. Your continued referral to it is not helpful, even if it suits your purpose to mislead.
However, the statute gives the Government the right to intervene in the action at a later date if it feels there is a good reason to do so.
I see, so this use of intervene, has some significant other meaning than the way they use it here? That if-there-is-good-reason-to-do-so part is some lawyerly way of saying they have to?
But in actual fact, the Government has real incentive to join don't they?:
The size of the relator's share of the award depends on several factors:
1. If the Government joins, and successfully prosecutes the case, and the relator was not involved in the wrongdoing, the relator can receive between 15 and 25 percent depending on the extent of the relator's contribution to the case.
2. If the Government does not join and the relator successfully prosecutes the case, the relator will receive between 25 and 30 percent of the proceeds.
Looks to me like they get to keep more of the award. But then I guess in my simple layman's reading of this, not having your vast experience, immersed in legal trivia as you claim to be, I guess that's just another code word for "they have to do it any way", eh?
I think that your self proclaimed expertise in these matters and your one-sided presentation of them as balanced, should indeed send you back to your texts on ethics, or is this a course you have yet to take? For all of your derisive reference to Funk&Wagnalls, I suspect that their editors have enough of a working knowledge of the subject to be useful to you.
quitam.com
PS: Try reading this link and taking up your interpretation of the law with these people, before you darken the world further with you misrepresentations of what the law seems to say, or should I say before you continue to try and get your "Step-sister" interpretation inside Cinderella's precise qui tam. |
