If the DOJ declines to take on a qui tam case, what percentage can a whistleblower expect to receive from the total award?

When the Department of Justice (DOJ) declines to intervene in a qui tam case, the whistleblower, also known as the relator, is generally entitled to a percentage of the total recovery. Based on current guidelines, if the DOJ does not intervene, the whistleblower can expect to receive a reward ranging from 25% to 30% of the total amount recovered from the lawsuit. This percentage is designed to incentivize individuals to report fraudulent activities while also acknowledging the risks they take in bringing such actions forward.

This range (25-30%) reflects the law’s encouragement for whistleblowers to come forward without fear of retaliation while balancing the need for fair compensation relative to the efforts involved in pursuing the case. If the DOJ investigates and successfully intervenes, the percentage can be higher, but in cases of non-intervention, the established norm remains within this specified bracket.