Eleventh Circuit Rules Qui Tam Relators Are Not 'Officers of the United States,' Remands Case for Further Review
The Eleventh Circuit Court of Appeals has reversed a lower court's decision, ruling that 'qui tam' relators under the False Claims Act (FCA) are not 'Officers of the United States.' This decision stems from the case *USA ex rel. Zafirov v. Florida Medical Associates, LLC*, where a federal district court in Florida had previously declared the qui tam provision unconstitutional. The district court had argued that relators, who bring lawsuits on behalf of the U.S. government against those defrauding it, should be considered 'officers' and thus require appointment under the Appointments Clause of the Constitution. The Eleventh Circuit's unanimous panel disagreed, asserting that relators do not hold a 'continuing position' as defined by Supreme Court precedent, specifically *Lucia v. SEC*. The court's analysis focused on whether a relator's tenure is permanent, their employment has duration, they receive continuing emoluments, and their duties are continuous. Finding these criteria not met, the appellate court ... 
