Podcast
Episode 11 | Are the FCA’s Qui Tam Provisions Unconstitutional? One Federal Judge Says “Yes”
Host Jonathan Porter is joined by Husch Blackwell partners Jody Rudman and Lorinda Holloway to discuss the implications of a September 2024 federal court decision from the Middle District of Florida that strikes down the False Claims Act’s qui tam provisions as unconstitutional. Our conversation begins with a brief overview of the lawsuit, U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, and the constitutional questions it raises. We examine the case law history of similarly situated cases in other trial and circuit courts and review the prevailing jurisprudence of the constitutional law at the heart of the recent decision.
Will Zafirov be hugely consequential, or is it a mere constitutional curiosity? Our discussion explores the likely path forward for the case and how it could impact False Claims Act enforcement. When constitutional challenges of this scale emerge, they can appear to be jolting or sudden, but the groundwork for this case had been in the works for some time, and our discussion reveals why and how Zafirov has brought the FCA’s qui tam provisions under a constitutional spotlight.
Jonathan Porter | Full Biography
Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide...
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