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If the state chooses to intervene, the state attorney general commandeers the prosecution of the tax FCA action and the whistleblower retains a financial reward interest in any successful FCA claim.4 If the state attorney general does not prosecute or dismiss the tax FCA action, the relator is permitted to continue to prosecute the case on the state’s behalf.5 Generally, in a state tax FCA action, the plaintiff—whether the relator or the… [read post]