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D.C. Circuit Prohibits Pro Se Plaintiffs from Bringing FCA Cases

By Timothy Fry & Brett Barnett on February 20, 2025
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In United States ex rel. Feliciano v. Ardoin, the D.C. Circuit joined every other circuit to consider the issue, holding that a pro se litigant cannot bring a False Claims Act (FCA) case. The court’s reasoning was straightforward: FCA claims belong to the government, not the relator. While individuals may represent themselves in legal matters, they cannot represent another party—including the United States—without being a licensed attorney. The FCA does not provide an exception to this rule, leading the court to affirm the district court’s dismissal as pro se FCA cases cannot proceed.

This decision aligns with the government’s position, which intervened on the side of the defendant seeking dismissal, and prior rulings from at least seven appellate circuits, all of which have held that an FCA relator must be represented by an attorney. The D.C. Circuit cited cases such as:

  • U.S. ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89 (2d Cir. 2008),
  • Wojcicki v. SCANA/SCE&G, 947 F.3d 240 (4th Cir. 2020),
  • U.S. ex rel. Brooks v. Ormsby, 869 F.3d 356 (5th Cir. 2017),
  • Stoner v. Santa Clara Cnty. Off. of Educ., 502 F.3d 1116 (9th Cir. 2007),
  • U.S. ex rel. Lu v. Ou, 368 F.3d 773 (7th Cir. 2004),
  • United States v. Onan, 190 F.2d 1 (8th Cir. 1951), and
  • Timson v. Sampson, 518 F.3d 870 (11th Cir. 2008).

With this ruling, the D.C. Circuit has eliminated any doubt on the matter within the circuit, reinforcing that an FCA relator must have legal counsel to pursue claims on behalf of the government.

Read the full opinion here.

Photo of Timothy Fry Timothy Fry

Tim helps clients navigate the thorny compliance and regulatory issues prevalent in the healthcare industry. He advises on the federal Anti-Kickback Statute and Stark Law, Medicare policy, state fraud and abuse laws, and state licensure and certificate of need rules, among other regulatory…

Tim helps clients navigate the thorny compliance and regulatory issues prevalent in the healthcare industry. He advises on the federal Anti-Kickback Statute and Stark Law, Medicare policy, state fraud and abuse laws, and state licensure and certificate of need rules, among other regulatory schemes. His significant healthcare industry knowledge also allows him to counsel efficiently on regulatory aspects of strategic transactions, including structuring guidance, healthcare due diligence and compliance matters.

Read more about Timothy FryEmail
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Photo of Brett Barnett Brett Barnett

Brett Barnett’s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised healthcare and other clients across the country in a variety of regulatory, governance, market, and financial matters.

Read more about Brett BarnettEmail
  • Posted in:
    Administrative, Corporate & Commercial
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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