How long do I have to report a False Claims Act?


False Claims ActStatue of Limitaitons


A case maybe brought within 6 years from the time of act, or within 3 years of the knowledge of the act, or after 10 years of the act.

However the courts have been lenient on the time table allowing this case to go through with a 14 year old caseUNITED STATES OF AMERICA, ) ex rel. ) STEVEN O. SANSBURY, et al. ) ) Plaintiffs, ) Civ. Action No. 07-251 (EGS) ) v. ) ) LB&B ASSOCIATES, INC., et al. ) ) Defendants.

When was the False Claims Act enacted?


Congress enacted the law in 1863 to stop fraud in the cival war from supplies to the Union Army





MEMORANDUM OPINION Pending before the Court are two motions to dismiss filed by Defendants Edward Brandon, Lily Brandon, and LB&B Associates, Inc. (hereinafter, “LB&B”) (collectively, “LB&B Defendants”). Relators brought this action against the LB&B Defendants, as well as Bering Straits AKI, Chilkat Services, Inc., and two individual representatives of those companies pursuant to the qui tam provision of the False Claims Act (“FCA”), 31 U.S.C. § 3730(b). Relators allege that Defendants violated the FCA with respect to their participation in the Small Business Association’s (hereinafter “SBA”) Section 8(a) program and 8(a) Mentor Protégé program. On April 14, 2011, the Government filed its notice of election to intervene in part, electing to intervene in Relators’ claims only insofar as they relate to the LB&B Defendants’ participation in the Section 8(a) program, but 2
not the Mentor-Protégé program. The Government subsequently filed its complaint in intervention on August 19, 2011. The Government’s complaint in intervention asserts two additional causes of action against LB&B Defendants for common law negligent misrepresentation and fraud against the LB&B Defendants. Pending before the Court are the LB&B Defendants’ motions to dismiss both complaints, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure. 1 Having
carefully considered Defendants’ motions to dismiss, the responses and replies thereto, the applicable law, and the record as a whole, Defendants’ Motion to Dismiss Relators’ complaint is DENIED and Defendants’ Motion to Dismiss the Government’s complaint in intervention is GRANTED IN PART AND DENIED IN PART.


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