The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution.
On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Kimball Mizelle in the Middle District of Florida dismissed a declined qui tam action under the False Claims Act (FCA) on the basis that its qui tam provision is unconstitutional.1 The court held that the provision violates the Appointments Clause of Article II by authorizing private individuals (relators) to prosecute cases on behalf of the United States.
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