Fourth Circuit: U.S. ex rel. Kurt Bunk & Ray Ammons v. Birkart Globalistics
The contention that qui tam provisions violate Article II is false. Relators are not agents of the United States and thusly, should not be considered in violation of the charge to the Executive Branch to “take Care that the laws be faithfully executed.” The history of the False Claims Act proves beyond a doubt that a challenge of separation of powers should not stand.
