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.