The DOJ has 60 days in which to make a decision to take the case. It can extend this time in certain extenuating circumstances, however, it typically needs to a make a decision within that time window. For added color on this topic, according to the Criminal Resources Mannual, 932 Provisions for the Handling of Qui Tam Suits Filed Under the False Claims Act, it states the following:
"The government has 60 days from the date service is completed and the statement of material evidence is submitted, whichever is late, to notify the court of its decision. Usually, the complaint and statement of evidence are served simultaneously on the USA, with service on the Attorney General occurring later. When confusion exists as to the tolling of the 60-day period, it is advisable to file a status report with the court (copy to the relator) advising it when the government's deadline expires and the complaint may be unsealed and served upon the defendant.
Sometimes 60 days is simply insufficient. The government, "for good cause shown," may ask for additional time. The Congress indicated that such extensions should not be granted automatically and that it expected the courts to require proof of a serious inquiry and a legitimate need for more time before granting extensions of time.
Given this brief period, it is necessary to gather as much information as quickly as possible. To this end, it is important that United States Attorneys promptly forward a copy of a qui tam complaint and statement of evidence to the Commercial Litigation Branch of the Civil Division, because relators frequently fail to serve the Attorney General or delay in doing so. The Commercial Litigation Branch will contact the agency involved, the Criminal Division, and, frequently, the Inspector General of the agency, to determine if the allegations are known to them and to obtain an assessment of the material evidence furnished by the relator. The Criminal Division will, in turn, check with appropriate United States Attorneys' offices USAOs and investigative agencies to determine if the allegations relate to a pending criminal investigation. Because of the 60-day deadline, it must be emphasized that a prompt response is required to these inquiries.
Based on the information and recommendations provided by the relevant agency and the USAO and Department of Justice staff review, a decision whether to enter the case and take it over or to decline to do so will be made. After that decision is made, the Commercial Litigation Branch will coordinate as necessary with the USAO to ensure proper handling of the qui tam litigation and to ensure that it does not interfere with ongoing criminal investigations or prosecutions."