Lockheed

United States Ex Rel. Newsham v. Lockheed Missiles & Space Co.

Good Law
36 Cont. Cas. Fed. 75,982·722 F. Supp. 607·1989 WL 112104·1989 U.S. Dist. LEXIS 7885
United States District Court, Northern District of CaliforniaJuly 10, 1989C 88-20009 RPACalifornia4,581 words

Opinion

Opinion

Aguilar, J.

OPINION FOR PUBLICATION OF ORDER DENYING MOTION TO DISMISS QUI TAM ACTION AS UNCONSTITUTIONAL

I. INTRODUCTION

Lockheed Missiles and Space Company, Inc. (Lockheed) moves to dismiss this qui tam action as unconstitutional under Article II and Article III of the U.S. Constitution. Specifically, under Article II, defendant argues that the qui tam provisions of the False Claims Act violate the doctrine of separation of powers by improperly delegating prosecutorial functions to private citizens and the Judicial Branch. In addition, the provisions allegedly violate the Appointments clause by appointing private prosecutors who are allowed to act inconsistently with the government’s official prosecutors. Finally, the qui tam plaintiffs allegedly lack standing under the case or controversy requirement of Article III of the Constitution.

The Court has received, read and considered all the papers submitted on defendant’s motion. In addition, the Court heard the oral argument of counsel. Good cause appearing therefor, the Court HERE BY DENIES the motion. The qui tam provisions of the False Claims Act are constitutional.

II. FACTUAL BACKGROUND

A. Qui tam ‘pro domino rege quam pro se ipso…

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