; and (ii) shall not be bound by an act of the person bringing the action; and (B) the person who initiated the action shall not have the right to continue as a party to the action. (2) Limitation on dismissal by Government The Government may dismiss an action brought under subsection (a) if the Government determines, based on a thorough and good faith examination of the material evidence and information presented to the Government, that the content alleged to be hosted or distributed in violation of section 3(a) is not child sexual abuse material. (3) Limitation on settlement by government The Government may settle an action brought under subsection (a) with the defendant if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. (4) Private prosecution (A) In general If the Government elects not to proceed with an action under subsection (a), the person who initiated the action shall have the right to conduct the action. (B) Provision of case documents If the Government so requests, the Government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government’s expense). (c) Award to qui tam plaintiff (1) Government prosecution If the Government proceeds with an action brought by a person under subsection (a)— (A) the person shall receive not less than 25 percent of the proceeds of the action; (B) any payment to the person under subparagraph (A) shall be made from the proceeds of the action; (C) the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs