Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Supreme Court To Address False Claims Act Statute of Limitations

By David T. Fischer on November 28, 2018
Email this postTweet this postLike this postShare this post on LinkedIn
Cognitive-Illusion1-OIG-Blog-Image-660x283

The False Claims Act’s statute of limitations is, easily, the most confusing portion of the False Claims Act. On November 16, the Supreme Court granted certiorari in case that has the potential to bring some clarity to the FCA’s statute of limitations.

The FCA has two statute of limitations. Normally, a case must be brought within 6 years of “the date on which the violation of [the False Claims Act] is committed.” 31 U.S.C. § 3731(b)(1). The Act’s second statute of limitations provision allows for FCA cases to be brought “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.” 31 U.S.C. § 3731(b)(2).

In United States ex rel. Hunt v. Cochise Consultancy, Inc., 887 F.3d 1081, 1083 (11th Cir. 2018), the relator filed his case in 2013. He alleged that the defendants violated the FCA beginning prior to January 2006 and through “early 2007.” In 2010, the relator told FBI agents about his allegations. The government declined to intervene and the district court dismissed the case holding that the 31 U.S.C. § 3731(b)(2) does not apply in cases in which the government has declined to intervene. The Eleventh Circuit reversed and held that because the three year period in § 3731(b)(2) “begins to run when the relevant federal government official learns of the facts giving rise to the claim, when the relator learned of the fraud is immaterial for statute of limitations purposes.”

The Eleventh Circuit acknowledged its decision created a three way circuit split. Two circuits – the Third and Ninth Circuits – also permit a relator to use § 3731(b)(2) but they hold that the limitations period begins to run when the relator, not the Government, knows or should know of the facts underlying the alleged fraud. Three other circuits – the Fourth, Fifth, and Tenth Circuits – have ruled that if the government does not intervene, the relator cannot use § 3731(b)(2).

The Supreme Court’s decision to grant certiorari in Cochise Consultancy Inc. v. United States, ex rel. Hunt should result in a decision resolving the split amongst the circuits while bringing some clarity to a confusing statute of limitations, which would be a welcome development.

 

 

Photo of David T. Fischer David T. Fischer

David Fischer is special counsel in the Governmental Practice in the firm’s Washington, D.C. office and a leader of its Organizational Integrity Group.

Read more about David T. FischerEmail
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Organizational Integrity Group Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo