Grassley, Longtime Champion of the False Claims Act, Urges U.S. Court of Appeals to Uphold Provision to Fight Fraud, Empower Whistleblowers

WASHINGTON – Sen. Chuck Grassley (R-Iowa), Chairman of the Senate Judiciary Committee and author of legislation that strengthened the False Claims Act, is urging the United States Eleventh Circuit Court of Appeals to uphold the constitutionality of the law’s critical qui tam provision, which allows whistleblowers to bring lawsuits against fraudsters on behalf of the federal government and share in any recoveries.  

“The False Claims Act is our nation’s single greatest tool to fight waste, fraud and abuse,” Grassley said. “As the author of the 1986 amendments to the False Claims Act, I’m strongly urging the Eleventh Circuit to reverse the lower court’s flawed decision and uphold the constitutionally-sound qui tam provision. By protecting and empowering whistleblowers who shine a light on wrongdoing, the False Claims Act, with its qui tam provision, has recovered over $78 billion – a massive victory for taxpayers.” 

Grassley’s amicus brief specifically discusses the Zafirov v. Florida Medical Associations decision, which dismissed a qui tam action under the False Claims Act on the basis that the qui tam provision is unconstitutional.  

In response, Grassley argues that: 

• Qui tam provisions were enacted during the First Congress by the Framers of the Constitution and are deeply embedded in the United States’ constitutional history;
• Every court that has addressed this issue has concluded that the qui tam provision is in accordance with the Constitution; and 
• The False Claims Act, strengthened by the qui tam provision, is an effective tool to fight fraud, deter would-be fraudsters, and protect the public from harm. 

Read Grassley’s amicus brief HERE. 

Background:

Grassley in 1986 updated the False Claims Act, the law enabling the government to recover taxpayer dollars from entities that defrauded federal agencies. A key provision in that update, qui tam, allows whistleblowers to sue alleged fraudsters on behalf of the government and share in any recoveries. Since then, the False Claims Act has recovered over $78 billion in taxpayer dollars. 

Despite the False Claims Act’s overwhelming success, courts and defendants have attempted to mischaracterize and weaken the law. In June 2023, the Supreme Court issued a unanimous decision upholding the plain text and congressional intent of the law to hold accountable individuals who knowingly defraud the government. Grassley also filed an amicus brief in that case. 

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