The FCA Panel at the 2026 ABA White Collar Crime Institute in San Diego made one thing clear: the False Claims Act is in a constant flux, shaped by constitutional tensions, policy debates, and a rapidly politicizing enforcement landscape.
The FCA Panel brought together an unusually strong lineup featuring Michael Granston, Giselle Joffre, Jacqueline Romero, and Aviva Gilbert, with Preston Pugh moderating. Drawing on experience across DOJ leadership, U.S. Attorney offices, and defense-side practice, the Panelists offered a candid look at where FCA enforcement is headed. The throughline: an assertive government posture meeting a judiciary that is increasingly skeptical of overreach.
First Things First: Are The FCA’s Qui Tam Provisions Constitutional?
If there was one moment that captivated people’s attention, it was the Panel’s discussion of the growing constitutional challenge to the FCA’s qui tam provisions, the mechanism that allows private whistleblowers to sue on the government’s behalf and pocket a share of any recovery. This issue has the capacity to change how the FCA functions at the most basic level.
At the center of this conversation was the Zafirov litigation, which has emerged as the most likely vehicle to carry this question to the Supreme Court. The question is deceptively straightforward: can a private citizen (appointed by no one, removable by no one) exercise the kind of executive enforcement power that Article II reserves for officers of the United...
VERO BEACH — A Texas property management company and its principal have sued a local conservative podcaster, a former Fox News commentator and several Indian River County Republican officials, acc...