Court Challenge Could Chill Reporting of Research Fraud, Say Whistleblower Attorneys

Cohen Seglias partner Paul Thaler weighed in on a pending constitutional challenge to the False Claims Act’s whistleblower provisions and its potential impact on research misconduct reporting. In Retraction Watch, Thaler explained that if the 11th Circuit were to overturn the FCA’s qui tam provisions, whistleblowers in that jurisdiction could lose the financial incentives that often make these cases viable. While individuals would still be able to share information with the government, Thaler cautioned that “without the monetary incentive […] relators may have less of a reason to come forward and will likely have fewer options to be represented by attorneys without hourly fees,” given that most qui tam cases are handled on contingency.

The U.S. government recently announced a record $6.8 billion in False Claims Act settlements and judgments in 2025, the most in a single year since the law’s enactment 163 years ago. For those concerned with scientific integrity, another significant FCA record was also set in 2025: the number of suits brought under the FCA by private individuals against entities they believe defrauded the federal government.

Successful qui tam suits brought under the FCA can come with incentivizing monetary rewards – sometimes substantial – for the whistleblowers. Whistleblowers filed a record 1,297 of these so-called qui tam lawsuits in 2025, up from 979 suits in 2024.

Despite the FCA’s banner year, legal experts say a pending challenge may weaken the law’s whistleblower power and impact. A Florida district court recently struck down the FCA’s qui tam provisions as unconstitutional because these suits involve individuals suing on behalf of the government. If an appeals court upholds the decision, some whistleblowers in that court’s jurisdiction may no longer get paid for exposing wrongdoing, a change that could allow more fraud to slip under the radar, legal analysts say.