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Antitrust Division Update Affirms Continued Efforts of Procurement Collusion Strike Force

Client Alert | 1 min read | 06.24.20

As part of its 2020 Update, the DOJ’s Antitrust Division highlighted the ongoing work of its Procurement Collusion Strike Force (PCSF), with Assistant Attorney General Makan Delrahim specifically noting the work of the PCSF in his personal remarks. Calling the response to the PCSF “overwhelmingly positive”, Delrahim underscored the Division’s priority of enforcing the criminal antitrust laws and stated that the PCSF will be a primary tool for investigating and prosecuting criminal antitrust violations related to the COVID-19 pandemic.

The Update also reiterated that the interagency partnership has been hard at work in the ten months since its launch, identifying and investigating potential antitrust crimes in public procurements. The Update noted that since its inception in November, the PCSF has conducted more than 30 in-person training presentations in 13 states and the District of Columbia, and its work has continued during the pandemic with PCSF attorneys leading over a dozen interactive virtual training programs for 2,000 criminal investigators, data scientists, and procurement officials from 500 federal, state, and local agencies.

Importantly, the Update reported that DOJ has secured additional funding for the PCSF to support its outreach efforts, as well as its investigations, indicating the Antitrust Division has both the interest and the resources to remain focused on these issues for the foreseeable future.

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....