Constitutional Challenges to the FCA’s Qui Tam Mechanism: Ripe for a Revival?
Topic: Government Contracting
By John T. Boese, Of Counsel, and Douglas W. Baruch, a Partner, with Fried, Frank, Harris, Shriver & Jacobson LLP in the firm’s Washington, D.C. office.
Working Paper, February 2018, 30 pages
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Recent federal court opinions have cast such doubt on the role of private relators in False Claims Act suits that three heretofore untested constitutional challenges to the law’s qui tam provisions may prove successful.