United States v. John Patrick Couch, M.D.

MARTIN, Circuit Judge:

When a private person brings a False Claims Act suit-known as a qui tam action-the government may choose to intervene and take over the action. 31 U.S.C. § 3730 (b)(2). It may also choose to pursue "any alternate remedy available." Id. § 3730(c)(5). If it pursues an "alternate remedy," the False Claims Act gives the qui tam plaintiff the "same rights" in the "alternate" proceeding as she would have had if the qui tam action "had continued." Id. Presented here is the question of whether this statute allows a qui tam plaintiff to intervene in criminal forfeiture…