Three Circuit Split on Interpretation of the False Claim Act’s Statute of Limitations to be Decided by Supreme Court

The False Claims Act (FCA) was enacted in 1863 to stop the massive fraud perpetrated by large contractors during the Civil War.  The FCA has gone through many iterations since its enactment.  Relevant here, the FCA allows a private plaintiff, known as a relator, to bring a qui tam action in the name of the United States against a violator.  31 U.S.C. § 3730(b).  If the United States decides to intervene, the government acquires ‘‘primary responsibility for prosecuting the action,’’ although the relator remains a party. Id. § 3730(c)(1).  In contrast, if the United States declines to intervene, the relator may proceed with the action alone on behalf of the government, but the United States is not a party to the action. Id. § 3730(c)(3). A qui tam action 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…

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