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Nicolas E. Briscoe

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Nicolas Briscoe is an associate in the firm’s Litigation and Government Enforcement & Investigations practice groups.

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On Friday, the Eleventh Circuit heard oral arguments in United States ex rel. Zafirov v. Florida Medical Associates, LLC regarding the constitutionality of the qui tam provisions in the False Claims Act, which allow private persons, known as relators, to file civil enforcement actions for violations of the FCA. The panel consisted of Trump-appointed Judges…

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an actual false claim for payment being made to the government.” U.S. ex rel. Clausen v. Laboratory…