NLJ Publishes Akin Article Questioning Constitutionality of FCA Qui Tam Provisions
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The National Law Journal has published the article “Courts Should Rule That the False Claims Act Qui Tam Provisions Are Unconstitutional,” written by Akin health care & life sciences partner Robert Salcido and associate Emily Gerry. The article discusses the constitutionality of the qui tam provisions in the False Claims Act (FCA).
The authors note that FCA qui tam provisions allow private citizens to file lawsuits on behalf of the government, which, they argue, should be examined and ruled unconstitutional, as they have “transformed the FCA’s broad language and stimulated over-enforcement.” They added that, “Congress has dispersed power from the executive branch to private persons acting not in the public interest but rather in their own self-interest.”
The authors highlight that during the U.S. Supreme Court’s last term, three Justices noted that there are “substantial arguments” that qui tam provisions do not conform with Article II of the Constitution and should be examined in an appropriate case.
The authors conclude, “Given case law developments, now is the time for the [C]ourt to consider this issue and rule that the [qui tam] provisions are unconstitutional.”
To read the full article, click here (subscription required).
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