Senior Reporter
The False Claim Act’s whistleblower provisions violate Article II of the US Constitution, and therefore the dismissal of a Medicare fraud suit should be affirmed, defendant Florida Medical Associates LLC told a federal appeals court Monday.
Whistleblower suits violate the appointments clause because whistleblowers function as officers of the United States when they litigate for the government, but they aren’t “appointed through the constitutionally prescribed process,” Florida Medical and other defendants told the US Court of Appeals for the Eleventh Circuit in their brief.
Even when the government intervenes in a relator’s case, “it lacks discretion to choose if and ...
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The Department of Justice (DOJ) is rapidly expanding the scope of False Claims Act (FCA) enforcement, and contractors with federal funding are squarely in the crosshairs. Deputy Attorney General T...