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U.S. Court of Appeals for the Third Circuit

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U.S. Chamber files coalition amicus brief urging Third Circuit to hold that the False Claims Act’s qui tam provisions violate Article II of the Constitution by taking enforcement of the laws out of the hands of the President

July 21, 2025

As the brief also argues, the Article II problem with the FCA’s qui tam scheme contributed to a constitutionally excessive fine of well over $1 billion.

Steven A. Engel, Michael H. McGinley, and Brian A. Kulp of Dechert LLP served as outside counsel.

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