The False Claims Act How a Recent Decision Rejecting Qui Tam Lawsuits May Affect Enforcement


1 minute read | December.10.2024

For over 160 years, the False Claims Act has let people bring claims on behalf of the U.S. government alleging fraud. In exchange, those individuals receive a portion of any recovery.

In September, a federal district judge found unconstitutional the FCA’s qui tam provision.  Specifically, the qui tam relators who bring such suits on behalf of the federal government wield executive power and duties akin to an “officer of the United States” and therefore must be appointed consistent with Article II, the judge ruled.

In a new article in the New York Law Journal, Orrick’s Joseph Walker, David Rhinesmith, Daniel R. Alonso and Hillary Dang explore the decision – and its implications for FCA enforcement.