No matter what type of lawsuit you might hope to bring, keeping the applicable statute of limitations in mind can be critical to your success. With a False Claims Act, however, a plaintiff not only has to think about the statute of limitations, but also whether another plaintiff might be preparing a similar FCA suit either now or in the near future.
The FCA Statute of Limitations
Under Title 31 U.S. Code § 3731, an FCA claim must be brought within six years of the date on which the FCA violation occurred. Courts have split on whether the FCA violation occurs on the date that the false claim was submitted or on the date that the government paid the false claim.
There is an additional provision under Title 31 U.S. Code § 3731 which states that the statute of limitations may extend past six years when the discovery of “facts material to the right of action…known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances” does not occur within those six years. In such cases, an FCA suit may be brought three years after the date that the material facts are known or reasonably should have been known, so long as the suit is brought within 10 years of the date of the violation. That said, courts vary on whether a private citizen can take advantage of this additional provision (as opposed to a government official), so it is important for you as a private citizen to take action as soon as you learn of a violation.
The Importance of Being First
While the FCA statute of limitations is important for a potential FCA whistleblower to keep in mind, even more important perhaps is the general guideline that the first whistleblower to come forward with the necessary information for the government to prosecute an FCA case will often be rewarded with a financial recovery, while others who later come forward with the same or similar information may not be able to recover anything. Thus, irrespective of the statute of limitations, it is often critical for a potential whistleblower to act quickly in working with an experienced FCA attorney to bring his or her case even if there are years to go under the statute of limitations.
Bring an FCA Claim With an Experienced FCA Attorney
At Kreindler & Associates, our focus is on bringing whistleblower claims and we will work with you to evaluate your potential case and guide you through the entire FCA process,. An FCA claim is only valid if it has not previously been initiated by another plaintiff or the government, so it is in your interest to speak with an experienced FCA attorney as soon as possible. Contact us today for an evaluation of your allegations.
