The government may move to dismiss a qui tam action without first intervening because dismissal does not constitute proceeding with the action.
A relator brought a qui tam action under the False Claims Act alleging fraud against the government. The government moved to dismiss the complaint without intervening, arguing the amount involved did not justify litigation costs. The relator challenged the dismissal, arguing the government must intervene before moving to dismiss and that the court must review the rationality of the dismissal. The court held that the False Claims Act does not require the government to intervene before seeking dismissal and that the purpose of a hearing is simply to provide the relator a formal opportunity to convince the government not to end the case. The court affirmed the dismissal.
At page 252 Analyzing government discretion to dismiss qui tam actions48 citing cases“to give the government an unfettered right to dismiss an action.”
- United States v. Bayer AG, No. 1:14-cv-00031 (D.R.I. Oct. 21, 2019). (reading the statute to give the Government an “unfettered right” to dismiss a qui tam action)
- Int'l Game Tech., Inc. v. Second Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Washoe, 127 P.3d 1088 (Nev. 2006).published But see Swift, 318 F.3d at 253 (disagreeing with the Sequoia court's analysis); Riley, 252 F.3d at 753 (pointing out that the government's "unilateral power to dismiss an action" saves the FCA from unconstitutionally impinging the governme…
- In re Novartis Pharm. Corp. v. the State of Texas, No. 15-25-00207-CV (Tex. App.—15th Dist. Nov. 14, 2025).published See, e.g., Swift v. United States, 318 F.3d 250, 253 (D.C. Cir. 2003) (“Nothing in § 3730(c)(2)(A) purports to deprive the Executive Branch of its historical prerogative to decide which cases should go forward in the name of the United Sta…
- In re AstraZeneca Pharm. LP v. the State of Texas, No. 15-25-00088-CV (Tex. App.—15th Dist. Aug. 20, 2025).published See also 13 Case 5:17-cv-00123-RWS-CMC Document 192 Filed 12/17/18 Page 14 of 18 PageID #: 4289 Sequoia Orange, 151 F.3d at 1146 (approving of district court’s consideration of “the burden imposed on the taxpayers by its litigation” and “i…
- United States ex rel. v. SavaSeniorCare, LLC, No. 3:18-cv-01202 (M.D. Tenn. Apr. 28, 2021). (we could construe the government’s motion to dismiss as a motion to intervene)
- United States ex rel. Borzilleri v. AbbVie Inc., 837 F. App'x 813 (2d Cir. 2020).unpublished (We hesitate to adopt the Sequoia test . . . [D]ecisions not to prosecute, which is what the government's judgment in this case amounts to, are unreviewable.)
- United States v. UCB, Inc., 970 F.3d 835 (7th Cir. 2020).published ([I]f there were such a requirement, we could construe the government’s motion to dismiss as including a motion to intervene.)
- Johnson v. Raytheon Co., No. 3:17-cv-01098 (N.D. Tex. July 3, 2019). See, e.g., Swift, 318 F.3d at 253 (“[T]he function of a hearing when the relator requests one is simply to give the relator a formal opportunity to convince the government not to end the case.”); United States ex rel.
- Davis v. Hennepin Cnty., No. 0:18-cv-01551 (D. Minn. Feb. 13, 2019). In Swift, the D.C. Circuit interpreted the FCA dismissal provision to contain no intervention requirement. 318 F.3d at 251 (“As is evident from the [statutory] quotation, the provision does not say that the government must intervene in ord…
- Berg v. Obama, 383 F. App'x 7 (D.C. Cir. 2010).unpublished See Swift, 318 F.3d at 254 (“[A] party is not entitled to discovery of information relating to prosecutorial decisions absent a substantial threshold showing.”) (citing United States v. Armstrong, 517 U.S. 456, 463 , 116 S.Ct. 1480 , 134 L…
Show 33 more citing cases
- Berg v. Obama, 656 F. Supp. 2d 107 (D.D.C. 2009).published (We hesitate to adopt the Sequoia test.... [Decisions not to prosecute, which is what the government’s judgment in this case amounts to, are unre-viewable.)
- Vermont Nat'l Tel. Co. v. Northstar Wireless, LLC, No. 2015-0728 (D.D.C. Apr. 15, 2025).published Swift, 318 F.3d at 254 (citation omitted).
- Vanderlan v. Jackson HMA LLC, No. 3:23-cv-00258 (S.D. Miss. May 16, 2023).Swift v. United States, 318 F. 3d 250, 252 (D.C. Cir. 2003).
- Powell v. Holmes, No. 1:18-cv-11336 (D. Mass. June 7, 2022). Swift v. U.S., 318 F.3d 250, 252 (D.C. Cir. 2003); see also Polansky v. Exec.
- Borzilleri v. Bayer AG, 24 F.4th 32 (1st Cir. 2022).published “the function of a hearing when the relator requests one is simply to give the relator a formal opportunity to convince the government not to end the case”
- Jesse Polansky v. Exec. Health Resources Inc, 17 F.4th 376 (3d Cir. 2021).published (reaching the same conclusion)
- United States v. Jackson HMA LLC, No. 3:15-cv-00767 (S.D. Miss. Jan. 5, 2021). In its prior Order [115], the Court recognized the circuit split over the standard for granting dismissal under § 3730(c)(2)(A) and adopted the approach set out in Swift v. United States, 318 F.3d 250, 252 (D.C. Cir. 2003).
- United States ex rel. Brutus Trading, LLC v. Stand. Chartered Bank, No. 1:18-cv-11117 (S.D.N.Y. July 2, 2020).Swift, 318 F.3d at 252-53; see also Hoyte v. Am. Nat’l Red Cross, 518 F.3d 61, 65 (D.C. Cir. 2008).
- United States v. Jackson HMA LLC, No. 3:15-cv-00767 (S.D. Miss. May 11, 2020). “to give the government an unfettered right to dismiss an action”
- Nhca-tev, LLC v. Teva Pharm. Prods. Ltd., No. 2:17-cv-02040 (E.D. Pa. Nov. 26, 2019).Swift v. United States, 318 F.3d 250, 252 (D.C. Cir. 2003); see also Hoyte v. Am. Nat’l Red Cross, 517 F.3d 61 (D.C. Cir. 2008).
- United States v. Gilead Sciences, Inc., No. 3:11-cv-00941 (N.D. Cal. Nov. 5, 2019).“simply to give the relator a formal opportunity to convince the government not to end 14 the case”
- Polansky v. Exec. Health Resources Inc., No. 2:12-cv-04239 (E.D. Pa. Nov. 5, 2019).Swift v. United States, 318 F.3d 250, 251 (D.C. Cir. 2003).
- United States & the State of New York ex rel. Paul Backer v. Cooperatieve Rabobank U.A., No. 1:17-cv-02708 (S.D.N.Y. Oct. 30, 2019).Circuit standard, which recognizes that the Government has an “unfettered right to dismiss” under § 3730(c)(2)(A), except that a court may deny dismissal when there is “fraud on the court.” See Swift v. United States, 318 F.3d 250, 252-53…
- Health Choice All., LLC v. Eli Lilly & Co., No. 5:17-cv-00123 (E.D. Tex. Sept. 27, 2019).Id. at 12–14 (citing Swift v. United States, 318 F.3d 250, 252 (D.C.
- United States v. UPMC, 938 F.3d 397 (3d Cir. 2019).published(recognizing the government’s “unfettered right” to dismiss qui tam actions)
- United States ex rel. John R. Borzilleri v. Abbvie, Inc., No. 1:15-cv-07881 (S.D.N.Y. July 16, 2019). Swift v. United States, 318 F.3d 250, 252-54 (D.C. Cir. 2003).
- Schneider v. Jp Morgan Chase Bank, No. 2014-1047 (D.D.C. Mar. 6, 2019).published (Nothing in § 3730(c)(2)(A)
- Kumar Kammarayil v. Sterling Operations, Inc., No. 2015-1699 (D.D.C. Feb. 6, 2019).publishedCir. 2008) (quoting Swift v. United States, 318 F.3d 250, 252 (D.C.
- United States ex rel. Schweizer v. Océ N.V., 677 F.3d 1228 (D.C. Cir. 2012).published Nat’l Red Cross, 518 F.3d 61, 65 (D.C.Cir.2008) (quoting Swift v. United States, 318 F.3d 250, 252 (D.C.Cir.2003))).
- United States ex rel. Wickliffe v. EMC Corp., 473 F. App'x 849 (10th Cir. 2012).unpublished “unfettered right to dismiss [the] action”
- Busby v. Capital One, N.A., 841 F. Supp. 2d 49 (D.D.C. 2012).publishedId.; Swift v. United States, 318 F.3d 250, 252 (D.C.Cir.2003).
- FMC Corp. v. United States Env't Prot. Agency, 279 F.R.D. 14 (D.D.C. 2011).publishedId.; Swift v. United States, 318 F.3d 250, 252 (D.C.Cir.2003).
- Louisiana Env't Action Network v. Jackson, 685 F. Supp. 2d 43 (D.D.C. 2010).publishedId.; Swift v. United States, 318 F.3d 250, 252 (D.C.Cir.2003).
- Speed Mining, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 528 F.3d 310 (4th Cir. 2008).published
- Hisler v. Gallaudet Univ., 344 F. Supp. 2d 29 (D.D.C. 2004).published
- In re Nat. Gas Royalties Qui Tam Litig., 467 F. Supp. 2d 1117 (D. Wyo. 2006).published
- Hoyte v. Am. Nat'l Red Cross, 439 F. Supp. 2d 38 (D.D.C. 2006).published
- United States ex rel. Schweizer v. Océ N.V., 681 F. Supp. 2d 64 (D.D.C. 2010).published
- Schweizer v. Oce N v., No. 2006-0648 (D.D.C. Feb. 2, 2010).published
- Health Choice All. v. Eli Lilly, 4 F.4th 255 (5th Cir. 2021).published
- Robinson v. England, 216 F.R.D. 17 (D.D.C. 2003).published
- Johnson v. Wynne, 239 F.R.D. 283 (D.D.C. 2006).published
- Horsley v. Comfort Care Home Health LLC, No. 2:19-cv-00229 (N.D. Ala. July 15, 2020).
At page 253 Limiting judicial review of executive discretion to dismiss22 citing cases“the function of a hearing when the relator requests one is simply to give the relator a formal opportunity to convince the government not to end the case.”
- Int'l Game Tech., Inc. v. Second Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Washoe, 127 P.3d 1088 (Nev. 2006).published (disagreeing with the Sequoia court's analysis)
- In re Novartis Pharm. Corp. v. the State of Texas, No. 15-25-00207-CV (Tex. App.—15th Dist. Nov. 14, 2025).published (Nothing in § 3730(c)(2)(A) purports to deprive the Executive Branch of its historical prerogative to decide which cases should go forward in the name of the United States.)
- Citizens for Responsibility v. FEC, 993 F.3d 880 (D.C. Cir. 2021).published (The Constitution entrusts the Executive with [the] duty to ‘take Care that the Laws be faithfully executed.’ U.S. CONST., art. II, § 3. The decision whether to bring an action on behalf of the United States is therefor…)
- United States v. UCB, Inc., 970 F.3d 835 (7th Cir. 2020).published Cf. Swift, 318 F.3d at 252 (“[I]f there were such a requirement, we could construe the government’s motion to dismiss as including a motion to intervene.”).
- Johnson v. Raytheon Co., No. 3:17-cv-01098 (N.D. Tex. July 3, 2019). ([T]he function of a hearing when the relator requests one is simply to give the relator a formal opportunity to convince the government not to end the case.)
- Davis v. Hennepin Cnty., No. 0:18-cv-01551 (D. Minn. Feb. 13, 2019). In Swift, the D.C. Circuit interpreted the FCA dismissal provision to contain no intervention requirement. 318 F.3d at 251 (“As is evident from the [statutory] quotation, the provision does not say that the government must intervene in ord…
- Berg v. Obama, 656 F. Supp. 2d 107 (D.D.C. 2009).published See Swift, 318 F.3d at 252 (“We hesitate to adopt the Sequoia test.... [Decisions not to prosecute, which is what the government’s judgment in this case amounts to, are unre-viewable.”); Hoyte, 518 F.3d at 65 n. 4 (noting that “[i]n Swift…
- United States ex rel. John Doe v. Credit Suisse AG, 117 F.4th 155 (4th Cir. 2024).publishedWe reject the suggestion that a relator is entitled to a formal, in-person hearing “to convince the government not to end the case.” United States v. UCB, Inc., 970 F.3d 835, 850 (7th Cir. 2020) (quoting Swift v. United States, 318 F.3d 25…
- Borzilleri v. Bayer AG, 24 F.4th 32 (1st Cir. 2022).published By contrast, the D.C. Circuit has held that § 3730(c)(2)(A) "give[s] the government an unfettered right to dismiss an action," and that "the function of a hearing when the relator requests one is simply to give the relator a formal opportu…
- State of Illinois v. City of Chicago, 2021 IL App (1st) 191675-U.unpublishedThe Seventh Circuit in CIMZNHCA rejected the district court’s application of the burden-shifting test under Sequoia and instead found that the “correct answer” regarding the role of a court in reviewing the government’s motion to dismiss “…
Show 8 more citing cases
- In re Michael Flynn, 973 F.3d 74 (D.C. Cir. 2020).published“purports to deprive the Executive Branch of its historical prerogative to decide which cases should go forward in the name of the United States”
- Prosser v. Sessions, No. 2017-1662 (D.D.C. May 29, 2018).publishedSwift v. United States, 318 F.3d 250, 253 (D.C.
- State of Florida v. Zoltan Barati & Motorola, Inc., 150 So. 3d 810 (Fla. 1st DCA 2014).published Unlike the Florida qui tam statute, the federal provision specifically authorizes a judicial hearing before the gov ernment may dismiss the action, but even under this language, courts have recognized that the federal government possesses…
- Sec'y of Labor v. Twentymile Coal Co., 456 F.3d 151 (D.C. Cir. 2006).published
- Roach v. Obama, No. 2014-0470 (D.D.C. Dec. 18, 2014).published
- United States v. Fokker Servs. B.V., 818 F.3d 733 (D.C. Cir. 2016).published
- USA v. USCC Wireless Inv., Inc., 128 F.4th 276 (D.C. Cir. 2025).published
- Richard a. Cole v. Figliola & Romano, LLC, 277 N.E.3d 1030 (Mass. App. Ct. 2026).unpublished
At page 251 Government's right to dismiss qui tam actions15 citing casesAs is evident from the [statutory] quotation, the provision does not say that the government must intervene in order to seek dismissal.
- Int'l Game Tech., Inc. v. Second Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Washoe, 127 P.3d 1088 (Nev. 2006).published But see Swift, 318 F.3d at 253 (disagreeing with the Sequoia court's analysis); Riley, 252 F.3d at 753 (pointing out that the government's "unilateral power to dismiss an action" saves the FCA from unconstitutionally impinging the governme…
- United States v. UCB, Inc., 970 F.3d 835 (7th Cir. 2020).published Cf. Swift, 318 F.3d at 252 (“[I]f there were such a requirement, we could construe the government’s motion to dismiss as including a motion to intervene.”).
- Weih Chang v. Childrens Advocacy Ctr. of D, 938 F.3d 384 (3d Cir. 2019).published See Sequoia, 151 F.3d at 1146 (“[T]he government can legitimately consider the burden imposed on the taxpayers by its litigation[;] … even if the relators were to litigate the FCA claims, the government would continue to incur enormous int…
- Johnson v. Raytheon Co., No. 3:17-cv-01098 (N.D. Tex. July 3, 2019). See, e.g., Swift, 318 F.3d at 253 (“[T]he function of a hearing when the relator requests one is simply to give the relator a formal opportunity to convince the government not to end the case.”); United States ex rel.
- Davis v. Hennepin Cnty., No. 0:18-cv-01551 (D. Minn. Feb. 13, 2019). (As is evident from the [statutory] quotation, the provision does not say that the government must intervene in order to seek dismissal.)
- City of New York v. E-J Elec. Installation Co., 2025 NY Slip Op 30972(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublishedSequoia Orange Co. v Baird-Neece Packing Corp., 151 F3d 1139, 1145 [9th Cir 1998]), and the “unfettered right” standard, pursuant to which the entity has an absolute right to seek dismissal, except where there is a showing that a party com…
- United States v. Repub. of Honduras, No. 1:17-cv-00470 (S.D. Ala. Jan. 30, 2020). Some courts have found that the United States has an unfettered right to dismiss, see Swift v. United States, 318 F. 3d 250, 251 (D.C. Cir. 2003), while other courts have found that the United States may dismiss only after identifying a va…
- Polansky v. Exec. Health Resources Inc., No. 2:12-cv-04239 (E.D. Pa. Nov. 5, 2019).Swift v. United States, 318 F.3d 250, 251 (D.C. Cir. 2003).
- Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016).published Further, the Ri-denour court noted that in Swift v. United States, 318 F.3d 250, 251 (D.C.Cir.2003), cert. denied, 539 U.S. 944 , 123 S.Ct. 2622 , 156 L.Ed.2d 630 (2003), the D.C.
- Ridenour v. Kaiser-Hill Co., 397 F.3d 925 (10th Cir. 2005).published
Show 3 more citing cases
- United States ex rel. Stierli v. Shasta Servs. Inc., 440 F. Supp. 2d 1108 (E.D. Cal. 2006).published
- Davis v. United States Dep't of Health & Human Servs., 968 F. Supp. 2d 176 (D.D.C. 2013).published
- USA v. Everglades Coll., Inc., 855 F.3d 1279 (11th Cir. 2017).published
At page 254 Government's right to dismiss suit to minimize expenses11 citing cases[T]he government’s goal of minimizing its expenses is still a legitimate objective, and dismissal of the suit furthered that objective.
- United States v. Bayer AG, No. 1:14-cv-00031 (D.R.I. Oct. 21, 2019). Sequoia Orange Co. v. Baird-Neece Packing Corp., 151 F.3d 1139, 1145 (9th Cir. 1998)(holding that the Government must demonstrate a “valid government purpose” for dismissal and “a rational relation between dismissal and accomplishment of […
- In re AstraZeneca Pharm. LP v. the State of Texas, No. 15-25-00088-CV (Tex. App.—15th Dist. Aug. 20, 2025).published ([T]he government’s goal of minimizing its expenses is still a legitimate objective, and dismissal of the suit furthered that objective.)
- United States ex rel. Borzilleri v. AbbVie Inc., 837 F. App'x 813 (2d Cir. 2020).unpublished The D.C. Circuit has adopted a less stringent standard, holding that the government's right to dismiss a relator's action is "unfettered." Swift v. United States, 318 F.3d 250, 252 (D.C. Cir. 2003) ("We hesitate to adopt the Sequoia test .…
- Weih Chang v. Childrens Advocacy Ctr. of D, 938 F.3d 384 (3d Cir. 2019).published ([T]he government’s goal of minimizing its expenses is … a legitimate objective, and dismissal of the suit furthered that objective.)
- Davis v. Hennepin Cnty., No. 0:18-cv-01551 (D. Minn. Feb. 13, 2019). In Swift, the D.C. Circuit interpreted the FCA dismissal provision to contain no intervention requirement. 318 F.3d at 251 (“As is evident from the [statutory] quotation, the provision does not say that the government must intervene in ord…
- Berg v. Obama, 383 F. App'x 7 (D.C. Cir. 2010).unpublished ([A] party is not entitled to discovery of information relating to prosecutorial decisions absent a substantial threshold showing.)
- Vermont Nat'l Tel. Co. v. Northstar Wireless, LLC, No. 2015-0728 (D.D.C. Apr. 15, 2025).published Swift, 318 F.3d at 254 (citation omitted).
- Borzilleri v. Bayer AG, 24 F.4th 32 (1st Cir. 2022).published By contrast, the D.C. Circuit has held that § 3730(c)(2)(A) "give[s] the government an unfettered right to dismiss an action," and that "the function of a hearing when the relator requests one is simply to give the relator a formal opportu…
- Zoltan Barati v. Florida Attorney Gen., No. 18-13998 (11th Cir. July 12, 2021).unpublishedCf. Swift v. United States, 318 F.3d 250, 254 (D.C.
- United States ex rel. John R. Borzilleri v. Abbvie, Inc., No. 1:15-cv-07881 (S.D.N.Y. July 16, 2019). Swift v. United States, 318 F.3d 250, 252-54 (D.C. Cir. 2003).
Show 1 more citing case
- Davis v. United States Dep't of Health & Human Servs., 968 F. Supp. 2d 176 (D.D.C. 2013).published
v.
UNITED STATES of America, Appellee
Opinion for the Court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:On January 19, 1999, Susan Swift, a Department of Justice attorney employee, brought a qui tam action against one employee and two former employees of the Justice Department’s Office of Legal Counsel, claiming that in 1992 and thereafter they had conspired to defraud the government, in violation of the False Claims Act, 31 U.S.C. § 3729(a)(3). For reasons unnecessary to recount, one of the defendants was dropped from the case. Swift alleged that the remaining two defendants had also violated 31 U.S.C. § 3729(a)(1) and (2) by presenting a false claim to the government. The alleged fraud, which dealt with time sheets and leave slips, amounted to $6169.20.
[*251] On April 2, 1999, without purporting to intervene, the government moved to dismiss the complaint, arguing that the amount of money involved did not justify the expense of litigation even if the allegations could be proven. Swift opposed dismissal and requested a hearing. She also sought leave to engage in discovery in order to learn the Justice Department’s policy about dismissal of qui tam actions, and she moved to unseal the record, arguing that this would facilitate her efforts to gather information about the policy. The district court ordered a hearing, but denied Swift’s motions for discovery and unsealing. After several delays and the hearing, the court dismissed the complaint, holding that the government had demonstrated that dismissal was rationally related to a valid governmental purpose. As a result, the complaint was never served on the defendants.
Swift’s appeal is on the grounds that the government cannot move to dismiss without first intervening, that the government did not justify its decision to dismiss, that dismissal was improper since the government did not investigate her claims, and that the district court erred in denying her discovery and in refusing to unseal the record.
The section of the False Claims Act dealing with the government’s dismissal of qui tam actions provides: “The Government may dismiss [a qui tam] action notwithstanding the objections of the [relator] if the [relator] has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.” 31 U.S.C. § 3730(c)(2)(A). As is evident from the quotation, the provision does not say that the government must intervene in order to seek dismissal. Swift concedes as much, but maintains that intervention is required in light of § 3730(b) and § 3730(c)(1).
Section 3730(b)(2) gives the government sixty days, plus any court-ordered extensions, “to elect to intervene and proceed with the action” after receiving the complaint and being informed of the material evidence. At the end of the sixty-day period (unless extended), the government “shall proceed with the action ... or notify the court that it declines to take over the action.” 31 U.S.C. § 3730(b)(4). Swift views § 3730(b)(4) as giving the government but two options: intervene or do not intervene. This is correct, but she misses the point that § 3730(b)(2) makes intervention necessary only if the government wishes to “proceed with the action.” Ending the case by dismissing it is not proceeding with the action; to “proceed with the action” means, in the False Claims Act, that the case will go forward with the government running the litigation. Cf. Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 118, 88 S.Ct. 733, 742, 19 L.Ed.2d 936 (1968).
The other provision Swift cites, § 3730(c)(1), reads: “If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the [relator], [The relator] shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).” Swift’s position is that the phrase “subject to the limitations set forth in paragraph (2)” means that the government’s dismissal power under § 3730(c)(2) exists only within the context of § 3730(c)(1). So viewed, the government could not move to dismiss unless it had complied with § 3730(c)(1) by intervening and proceeding with the action.
Her interpretation is unwarranted. The phrase “subject to the limitations set forth in paragraph (2)” can signify only that the[*252] relator’s right to remain a party after the government has intervened is constrained by the government’s right to dismiss the action pursuant to § 3730(c)(2). Swift’s interpretation requires one to read “subject to” as also having the converse meaning — that § 3730(c)(1) acts as a limit on the operation of § 3730(c)(2). Nothing in § 3730(c)(1) justifies that reading. To support Swift’s interpretation, either § 3730(c)(2) would have to be a subsection of § 3730(c)(1) — which it is not — or § 3730(c)(2) would have to contain language stating that it is applicable only in the context of § 3730(c)(1) — which it does not (as highlighted by the fact that § 3730(c)(2) contains two express constraints on the government’s ability to dismiss, neither of which is related to § 3730(c)(1)). In other words, the second sentence of § 3730(c)(1) is limited by § 3730(c)(2), but § 3730(c)(2) is independent of § 3730(c)(1).
In any event, the question whether the False Claims Act requires the government to intervene before dismissing an action is largely academic. As Swift conceded at oral argument, if there were such a requirement, we could construe the government’s motion to dismiss as including a motion to intervene, a motion the district court granted by ordering dismissal. See United States ex rel. Neher v. NEC Corp., No. 92-2854, slip op. at 30 (11th Cir. Apr.28, 1995).
Swift has a separate reason why the district court improperly dismissed the case. The district court applied the standard stated in United States ex rel. Sequoia Orange Co. v. Sunland Packing House Co., 912 F.Supp. 1325, 1339 (E.D.Cal.1995), aff'd sub nom. United States ex rel. Sequoia Orange Co. v. Baird-Neece Packing Corp., 151 F.3d 1139 (9th Cir.1998). Under that standard, the government may dismiss a qui tam case over the relator’s objection if (1) the government shows that the dismissal is rationally related to a valid purpose, and (2) once the government satisfies this burden, the relator fails to show that the decision to dismiss was fraudulent, illegal, or arbitrary and capricious. Sequoia, 151 F.3d at 1145.
We hesitate to adopt the Sequoia test. It may be that despite separation of powers, there could be judicial review of the government’s decision that an action brought in its name should be dismissed. Cf. United States v. Cowan, 524 F.2d 504, 513 (5th Cir.1975). But we cannot see how § 3730(c)(2)(A) gives the judiciary general oversight of the Executive’s judgment in this regard. The section states that “The Government” — meaning the Executive Branch, not the Judicial — “may dismiss the action,” which at least suggests the absence of judicial constraint. To this must be added the presumption that decisions not to prosecute, which is what the government’s judgment in this case amounts to, are unreviewable. Cf. Heckler v. Chaney, 470 U.S. 821, 831-33, 105 S.Ct. 1649, 1655-57, 84 L.Ed.2d 714 (1985); Newman v. United States, 382 F.2d 479, 480 (D.C.Cir.1967). Reading § 3730(c)(2)(A) to give the government an unfettered right to dismiss an action is also consistent with the Federal Rules of Civil Procedure. Rule 41(a)(l)(i) permits a plaintiff to dismiss a civil action “without order of the court” if the adverse party has not yet filed an answer or a motion for summary judgment. A dismissal pursuant to Rule 41(a)(1)® is not subject to judicial review. See Randall v. Merrill Lynch, 820 F.2d 1317, 1320 (D.C.Cir.1987). In qui tam actions, the complaint remains under seal for “at least” sixty days; government dismissal within that period necessarily occurs before the defendant has answered. (If the government tried to have an action dismissed after the complaint had been[*253] served and the defendant answered, it might be subject to Rule 41(a)(2), which requires an order of the court “upon such terms and conditions as the court deems proper.”)
The relator’s right to a hearing, as set forth in § 3730(c)(2)(A), is all that points to a role for the courts in deciding whether the case must go forward despite the government’s decision to end it. The Sequoia court viewed this provision as authorizing judicial review of the government’s reasons for dismissal, 912 F.Supp. at 1338, explaining that this would not “place an additional burden on the executive’s exercise of pros-ecutorial discretion, because the constitution itself prohibits arbitrary or irrational prosecutorial decisions.” Id. at 1340. This is not an accurate statement of constitutional law with respect to the government’s judgment not to prosecute. The Constitution entrusts the Executive with duty to “take Care that the Laws be faithfully executed.” U.S. Const., art. II, § 3. The decision whether to bring an action on behalf of the United States is therefore “a decision generally committed to [the government’s] absolute discretion” for the reasons spelled out in Heckler v. Chaney, 470 U.S. at 831, 105 S.Ct. at 1655. The government’s discretion to dismiss an action it has already brought may not be absolute, but even then courts presume the Executive is acting rationally and in good faith. See, e.g., Rinaldi v. United States, 434 U.S. 22, 30, 98 S.Ct. 81, 85-86, 54 L.Ed.2d 207 (1977); see also United States v. Armstrong, 517 U.S. 456, 464-65, 116 S.Ct. 1480, 1486-87, 134 L.Ed.2d 687 (1996). Nothing in § 3730(c)(2)(A) purports to deprive the Executive Branch of its historical prerogative to decide which cases should go forward in the name of the United States. The provision neither sets “substantive priorities” nor circumscribes the government’s “power to discriminate among issues or cases it will pursue.” Heckler v. Chaney, 470 U.S. at 833, 105 S.Ct. at 1656. We therefore conclude that the function of a hearing when the relator requests one is simply to give the relator a formal opportunity to convince the government not to end the case. While the government conceded at oral argument that there may be an exception for “fraud on the court,” no evidence of that sort was presented, and we therefore do not pass on whether this type of exception, or any other, might be consistent with our reading of § 3730(c)(2)(A).
The Sequoia court also justified its test on the basis of legislative history of the 1986 amendment to the False Claims Act. The Ninth Circuit quoted statements from a Senate committee report that a relator may object to a government motion to dismiss in order to prevent the government from “dropping] ... false claims cases without legitimate reasons” and may petition for an evidentiary hearing, which the court should grant “if the relator presents a colorable claim that the ... dismissal is unreasonable in light of existing evidence, that the Government has not fully investigated the allegations, or that the Government’s decision was based on arbitrary or improper considerations.” S.Rep. No. 99-345, at 26 (1986). But this portion of the Senate report relates to an unenact-ed Senate version of the 1986 amendment. That version read: “If the Government proceeds with the action ... the [relator] shall be permitted to file objections with the court and to petition for an evidentiary hearing to object to ... any motion to dismiss filed by the Government.” Id. at 42. The whole point here is that the government has not elected to proceed; it has elected to dismiss the case. Had the Senate version been enacted, the Senate report still would not support the Ninth Circuit’s judgment.
[*254] Even if Sequoia set the proper standard, the government easily satisfied it. The asserted governmental interests were that the dollar recovery was not large enough to warrant expending resources monitoring the case, complying with discovery requests, and so forth, and that spending time and effort on this case would divert scarce resources from more significant cases. Although Swift believes that the costs would be relatively small, the government’s goal of minimizing its expenses is still a legitimate objective, and dismissal of the suit furthered that objective. See Heckler v. Chaney, 470 U.S. at 831, 105 S.Ct. at 1655-56; Selective Serv. Sys. v. Minnesota Pub. Interest Research Group, 468 U.S. 841, 859 n. 17, 104 S.Ct. 3348, 3358 n. 17, 82 L.Ed.2d 632 (1984). In addition, Swift failed to establish that the government’s prosecutorial judgment was arbitrary and capricious, illegal, or fraudulent. While she asserted that the government’s reasons for dismissal were pretex-tual, she offered nothing to support the charge. *
Few words are needed to dispose of Swift’s remaining arguments. Since the government conceded the truth of Swift’s allegations when it sought to dismiss, the fact that the government did not investigate the validity of her charges is of no consequence. As to her claim that she was entitled to discovery, the Supreme Court has stated that a party is not entitled to discovery of information relating to prose-cutorial decisions absent a substantial threshold showing. See Armstrong, 517 U.S. at 463, 116 S.Ct. at 1485-86. As we have said, Swift offered no evidence to support her allegations that the government acted improperly. Nor did the district court abuse its discretion in denying Swift’s motion to unseal the case. Swift did not oppose the government’s motion to keep the case sealed during the proceedings on dismissal, and although she had many months to file a motion to unseal, her motion came at the eleventh-hour; granting it would have delayed the hearing, which had already been postponed twice at Swift’s request. Cf. Ned Chartering & Trading, Inc. v. Republic of Pakistan, 294 F.3d 148, 151 (D.C.Cir.2002).
Affirmed.
The theory is that a relator’s standing derives from the injury to the United States and a partial assignment of the government’s claim for damages. See Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U.S. 765, 773-74, 120 S.Ct. 1858, 1862-63, 146 L.Ed.2d 836 (2000). Dismissal ends the assignment.