The US government pushed back on arguments that the False Claims Act’s whistleblower provisions are unconstitutional under Article II, according to its appeals court brief filed Wednesday.

The government and whistleblower Clarisa Zafirov appealed to the US Court of Appeals for the Eleventh Circuit in October after a Florida federal district court said the FCA provisions violate the appointments clause. The district court dismissed Zafirov’s suit against Florida Medical Associates LLC alleging Medicare fraud.

Zafirov also filed a reply brief Wednesday, asserting that the appointments clause doesn’t apply to non-government actors like FCA whistleblowers.

Florida Medical Associates argued in its ...

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