Understanding the applicable federal False Claims Act statute of limitations can often get the case dismissed if not adhered to by the government. As for any case, facts False Claims Act Statute of Limitationsdrive the outcome of any limitations dispute. 

The is regulation puts the burden of the federal government to act. Common examples related to whistleblower protection where the government is alleging that a contractor violated the False Claims Act include submitting invoices for payment or submitting a traditional claim against the government.

When it comes federal whistleblowers law, Courts look for evidence that supports any of the below legal requirements.

The statute of limitations for a False Claims or qui tam action is found in Title 31, Section 3731(b) of the United States Code.

“A civil action under section 3730 may not be brought—

(1) more than 6 years after the date on which the violation of section 3729 is committed, or

(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.”

Keep in mind that under federal whistleblower law, government contracting agencies often seek to hold prime contractors liable for the acts of their subcontractors. This can be a tough pill to swallow. Nevertheless, case law supports this fact.

Whistleblower Protection for Companies

It only takes one innocent situation to bring your company under intense scrutiny for violation of federal whistleblower law. Always consult a Federal False Claims Act lawyer to make sure that rules have not changed and that you as a company has ample whistleblower protection under the laws in your favor.

The U.S. Supreme Court addressed two important questions under the Federal False Claims Act 31 USC 3729. It decided that that (1) the Wartime Suspension of Limitations Act (WSLA), 18 USC 3287, applies only to criminal cases, and (2) the FCA’s first-to-file bar, 31 USC 3730(b)(5), ceases to apply once the earlier-filed action that might have created the bar has been dismissed.

Other court decisions: In United States ex rel. Sansbury v. LB&B Associates, Inc., No. 07-251 (D.D.C. July 16, 2014) the court decided that a civil action under section 3730 may not be brought– (1) more than six years after the date on which the violation of section 3729 is committed, or (2) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. 31 USC 3731(b).

The Act further states that “[f]or statute of limitations purposes, any . . . Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.” 13 USC 3731(c).

False Claims Act Statute of Limitations and qui tam action is found in Section 3731(b) of the FCA: “A civil action under section 3730 may not be brought:

(1) more than 6 years after the date on which the violation of 31 USC 3729 is committed, or
(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.”

Sometimes federal agencies may try to suggest why the False Claims Act Statute of Limitations should be tolled. However, defendants would be in a better position than if the defense was not raised at all. Read more about federal false claims act penalties.

FInd Out The Level of Government Claims Services We Offer

If you are a government contractor looking for a False Claims Act & Whistleblower Lawyer or are seeking legal counsel to address matters pertaining to the False Claims Act Statute of Limitations, call the law firm of Watson & Associates, LLC at 1-866-601-5518 for cost-effective government contractor defense services.

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