Id. at 170 (citing United States v. Kubrick, 444 U.S. 111, 120 (1979). Because the relator’s complaint, filed more than three years prior to the government’s complaint in intervention, did provide the government with evidence supporting its case against defendants, the government’s claims were time barred. Id. at 170-72. The Court again did not consider the impact of a previously filed qui tam action, and the government did not attempt to avail itself of the ten-year limitations period. Finally, Defendants cite to Intrados, which is also inapposite. That case, while brought under the FCA, was not a qui tam action. Instead, the United States directly sued defendants under the Act. In doing so, the government argued that claims based on conduct that occurred more than six years prior to the filing of its complaint were timely because 27 defendants had concealed the alleged fraud.

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