If the Department of Justice (DoJ) declines to intervene in a qui tam action, the relator may proceed with the action on his or her own. If the relator proceeds with the action, the DoJ will continue to get copies of the pleadings and monitor the progress of the case. Although rare, the DoJ could, for "good cause shown," intervene in the case at any time during the litigation.

If the relator is able to proceed on his or her own, there are some advantages for doing so. One is that the relator will receive a larger award if successful. Secondly, the relator - if he or she has good attorneys and other resources available, will have a better chance of being successful then if the DoJ controlled the case. Private litigants are generally more resourceful, creative and flexible than the government because they do not have the political and bureaucratic restraints found with government agencies.