Fraud Law’s Whistleblower Portions Ruled Unconstitutional (2)

The False Claims Act’s whistleblower provisions violate Article II of the US Constitution, a Florida federal district court said Monday, dismissing a Medicare fraud suit.

A whistleblower suit under the FCA “defies the Appointments Clause by permitting unaccountable, unsworn, private actors to exercise core executive power with substantial consequences to members of the public,” Judge Kathryn Kimball Mizelle of the US District Court for the Middle District of Florida said.

There’s no question that whistleblower—or relator— Clarissa Zafirov is an officer of the United States and that she was improperly appointed, the court said.

The Framers of the Constitution knew ...