The Supreme Court Clarifies the Statute of Limitations for Qui Tam Cases Brought Under the False Claims Act in Cochise Consultancy, Inc. v. United States ex rel. Hunt

Where the government chooses not to intervene in a whistleblower (qui tam) False Claims Act (FCA) suit, what is the statute of limitations? The federal statute governing the statute of limitations in FCA cases, 31 U.S.C. § 3731, provides that a claim must be brought by the latter of: (1) six years of the violation, i.e., the date of the false claim to the government, or (2) three years from the date that material facts “are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances.” Claims brought under the three-year “discovery” limitations period must be brought within 10 years after the date on which the violation is committed. Continue reading