11th Circuit Rules False Claims Act’s Qui Tam Provisions Do Not Violate Appointments Clause of Constitution

We previously wrote about Zafirov ex rel. United States v. Florida Medical Associates, LLC, in which Judge Kathryn Mizelle of the U.S. District Court of the Middle District of Florida held that the False Claims Act’s (FCA) qui tam provisions violate Article II’s Appointments Clause by permitting “unaccountable, unsworn, private actors to exercise core executive power with substantial consequences to members of the public.” This decision was a significant blow to private individuals, known as “relators,” seeking to sue on behalf of the United States for alleged fraud against the federal government. Earlier this week, the Eleventh Circuit held that relators are not officers of the United States because they do not occupy a continuing position established by law, and that the qui tam provisions of the FCA do not violate the Appointments Clause.

Read the full blog post.