FCA Qui Tam Provisions


(holding that relators may invoke the tolling provision and basing the tolling period’s start on the relator’s own knowledge); U.S. ex rel. Ven-A-Care of the Fla. Keys, Inc. 28 v. Actavis Mid Atlantic LLC, 659 F. Supp. 2d 262, 273-74 (D. Mass. 2009) (concluding that relators may invoke the tolling provision and basing the beginning of the period on the knowledge of the relevant government official). This view, while not a majority view, does offer some support for the Government’s theory – if the Relators here can take advantage of 3731(b)(2), their initial complaint was filed within three years of the date when the Government first became aware of the claims. And if the Government’s complaint in intervention relates back to the date the Relators’ complaint was filed, then the Government’s claims can span as far back as February 1, 1997.

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