I concur in Judge Clay’s opinion, except to the extent footnote 8 suggests that the *511Second Amended Complaint, as drafted, complies with Fed. R. Civ. Proc. 9(b). Our instruction for the district court to consider Bledsoe II should not be taken to imply that the district court must grant Relator leave to file an amended complaint, or that the Second Amended Complaint, as drafted, is sufficient.