Eleventh Circuit Rules Qui Tam Relators Are Not Officers of the United States
The Eleventh Circuit reversed a district court decision, holding that false-claims Act relators are not "officers of the United States" and sent the case back for further arguments.
In United States ex rel. Zafirov v. Florida Medical Associates, the Eleventh Circuit unanimously held that individuals who bring qui tam actions under the False Claims Act are not "officers of the United States," reversing a district court that had dismissed the suit on constitutional grounds. The panel reasoned that relators have only temporary tenure, no permanent duties, and receive only a one-time award, which fails the continuity test derived from Lucia v. SEC and earlier Germaine-Hartwell cases.
The court remanded the matter so the lower court can evaluate the defendants' challenges based on the Take Care Clause and the Article II Vesting Clause. The opinion reflects ongoing scholarly disputes about whether private relators exercise significant authority and how that fits within executive-branch supervision. The ruling may influence future challenges to the qui tam provision and related separation-of-powers arguments.
Why it matters
The decision clarifies the constitutional status of private whistleblowers under the False Claims Act, affecting future government fraud litigation.
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