Eleventh Circuit Upholds False Claims Act's Qui Tam Provisions
The Eleventh Circuit reversed a district court ruling and held that False Claims Act whistleblowers (relators) are not "Officers of the United States" subject to the Constitution's Appointments Clause, in United States ex rel. Zafirov v. Florida Medical Associates. The court reasoned relators do not occupy a continuing government position, they lack a permanent office, government salary, or ongoing duties, and their recovery is a contingent, case-specific bounty rather than compensation for institutional service. The case, which originated as a Medicare fraud action, was remanded to the district court to address separate Take Care Clause and Vesting Clause challenges. The ruling preserves qui tam enforcement authority within the Eleventh Circuit, though other constitutional challenges to the FCA framework remain pending on remand and in other circuits.