Jeremy Burnette

Akerman LLP

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Latest Posts › Relators

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Update: Appellate Showdown Over FCA Qui Tam Provision’s Constitutionality Reaches Eleventh Circuit

As we anticipated in our October 17, 2024, blog, both the Government and the Relator have appealed the district court’s decision in U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, et al. (Zafirov), the first case to...more

1/16/2025 / Appeals , Appellate Courts , Appointments Clause , Constitutional Challenges , Department of Justice (DOJ) , False Claims Act (FCA) , Relators , SCOTUS , Whistleblowers

Zafirov Decision Sets Stage for Appellate Showdown Over Constitutionality of FCA’s Qui Tam Provision

For the first time ever, a judge has ruled that the qui tam provision of the False Claims Act (FCA), which whistleblowers have used to recover $52 billion on behalf of the government since 1986, is unconstitutional....more

10/17/2024 / Centers for Medicare & Medicaid Services (CMS) , Constitutional Challenges , False Claims Act (FCA) , Healthcare , Healthcare Fraud , Physicians , Qui Tam , Reimbursements , Relators , Whistleblowers

SCOTUS May Resolve Circuit Split on the Specificity Required of False Claims Act Claims: Relief or More FCA Grief for Providers?

Currently, providers have different risks of potential False Claims Act (“FCA”) liability depending on where they are geographically located due to the difference in the standards required by the U.S. Courts of Appeals...more

6/17/2022 / Burden of Proof , Criminal Liability , False Claims Act (FCA) , Health Care Providers , Healthcare , Healthcare Fraud , Motion to Dismiss , Pleading Standards , Relators , Rule 9(b) , Treble Damages

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