265 F. Supp. 2d at 10. The court ruled that the government “did not exercise due diligence in uncovering the fraud,” especially because a relevant audit of the alleged fraudulent conduct was completed more than three years before the filing of the government’s complaint. Id. at 11. Thus, claims relating to invoices submitted more than six years before the filing of the government’s complaint were time barred. Id. at 10-11. The plain text of section 3731(b)(2) appears to only relate to the government. However, several courts, including one in this District, have concluded that where the government does not intervene, the relator can take advantage of the tolling provision in section 3731(b)(2). See, e.g., U.S. ex rel. Pogue v. Diabetes Treatment Ctrs. of Am., Inc., 474 F. Supp. 2d 75, 82-89 (D.D.C. 2007) (collecting cases evidencing a three-way split among jurisdictions about whether and when relators may invoke the tolling provision, and holding that relators may take advantage of the tolling provision even where the government does not intervene and that the limitations period is measured by the knowledge of the relevant government official); see also U.S. ex rel. Malloy v. Telephonics Corp., 68 Fed. App’x 270, 273 (3d Cir. 2003)

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