An amicus curiae brief filed in the U.S. Court of Appeals for the Tenth Circuit on April 29, 2026, by The Anti-Fraud Coalition, challenges a district court ruling that would bar relators from pursuing non-intervened claims under the False Claims Act when the government intervenes in only part of a case. The brief argues that this interpretation misreads the statutory text, conflicts with longstanding practice, and undermines the FCA’s purpose of encouraging private enforcement of fraud against the government.

Authored by Jackie DeMar, Grace Swindler, and Devan Eaton, with the assistance of Claire Sylvia, the brief draws on more than four decades of FCA practice to demonstrate that the district court’s approach is an outlier rejected by other courts and inconsistent with the statute’s design, which allows relators to proceed on declined claims while preserving the government’s control over the litigation.