Qui Tam Settlements

If the government elects to intervene, it shall then have the primary responsibility for prosecuting the action, although the relator may continue as a party to the action, subject to certain limitations enumerated in the statute. Id. § 3730(c)(1). III. Discussion A. Relators’ Standing to Bring FCA Claims Related to Participation in 8(a) Program 17 Defendants first argue that, because the Government has intervened in this action with respect to the claims regarding their participation in the 8(a) program, those claims have been rendered impermissibly duplicative, and Relators thus lack standing to bring them. See Defs.’ MTD Relators’ Compl. at 19- 20. Relators argue that Defendants cannot seek to dismiss the portions of their complaint in which the Government has intervened. Rather, they argue that the only way for Defendants to limit their participation is to file a motion pursuant to 31 U.S.C. § 3730(c)(2)(D), 31 U.S.C. § 3730(b)(1).

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