The Presumption of Innocence - Episode 82

Episode 82 Is Qui Tam Unconstitutional? The False Claims Act's Constitutional Reckoning The qui tam provision of the False Claims Act has turned whistleblowing into a $6.8 billion-a-year industry. And now, the Constitution might be coming to collect. Host Matt Adams is joined by his Fox Rothschild colleagues Joe DeMaria and Morgan McCall Reece to dissect whether private relators wielding government power without government accountability violates Article 2 of the U.S. Constitution. Since the Civil War, the False Claims Act has allowed private individuals to file lawsuits on behalf of the government, pocketing 15-30% of recovered funds. When the government declines to intervene, which happens in 75-85% of cases, these unelected, unappointed private relators step into the shoes of a civil prosecutor without meaningful executive oversight. Joe traces the constitutional fault line back to Justice Scalia's dissent in Morrison and then-Attorney General William Barr's 1989 memorandum declaring the qui tam statute unconstitutional. Morgan breaks down the Appointments Clause and the Vesting and Take Care Clauses at the center of the fight, zeroing in on whether relators are functioning as "inferior officers" exercising significant authority without executive appointment or supervision. Matt, Joe and Morgan predict where this is ultimately headed: the Supreme Court, with a potential role by the 11th Circuit. With qui tam litigation serving as big business for the government, relators and law firms alike, don’t miss this thought-provoking discussion. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

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The Presumption of Innocence - Episode 82 is an episode from Legal Listening: The Fox Rothschild LLP Podcast by Fox Rothschild LLP.

This episode is 00:45:40 long.

This episode was published on Apr 14, 2026.

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