16 January 2025. Tycko & Zavareei LLP, attorneys for Amici Curiae, has submitted an amicus brief to the United States Court of Appeals for the Eleventh Circuit in support of Appellants in a critical case addressing the constitutionality of the False Claims Act’s (FCA) qui tam provisions. The brief discusses the role of whistleblowers (qui tam relators) and highlights their “vital” contributions to safeguarding taxpayer funds.
The brief, filed by a group of six qui tam relators who are currently pursuing cases to recover government funds that they allege the defendants fraudulently obtained in a range of different industries and contexts, addresses a key issue under review—whether qui tam relators under the FCA are “officers of the United States” under Article II of the Constitution. The district court ruled that they are, placing the FCA’s qui tam provisions in constitutional jeopardy. The relator amici argue otherwise, emphasizing the independent nature of relators’ roles and their lack of official capacity in representing the Government.
Key Highlights of the Amicus Brief Include:
1. Clarification of Roles:
Unlike federal officers, qui tam relators function independently, bearing the costs and risks of litigation. They lack access to Government resources, do not allocate federal funds, and have no authority to act or speak on behalf of the United States.
2. The Value of Qui Tam Provisions:
A survey of ongoing cases demonstrates the critical role relators play in exposing fraud across industries such as healthcare, defense contracting, and construction. These cases often proceed when the Department of Justice lacks the resources to intervene, showcasing the unique expertise and knowledge whistleblowers bring to the fight against fraud.
Why This Matters:
Since Congress amended the FCA in 1986, its qui tam provisions have been used in over 15,000 cases, recovering billions in misappropriated taxpayer funds. The district court’s decision threatens to undermine this essential anti-fraud mechanism. These relators emphasize that the contributions of relators are both constitutional and indispensable in protecting Government funds from misconduct.
The brief asserts that the Eleventh Circuit should reverse the district court’s ruling to preserve the integrity of the FCA and continue empowering whistleblowers to expose fraud.
Glenn E. Chappell, Jonathan K. Tycko, and Jaclyn S. Tayabji of Tycko & Zavareei LLP are counsel for the six Amici Curiae relators.
The case is United States ex rel. Clarissa Zafirov v. Florida Medical Associates, LLC, et al., Nos. 24-13581, 24-13583 in the United States Court of Appeals for the Eleventh Circuit.