Government False Claims

B. Statute of Limitations 1. Government’s FCA Claims pre-February 2001 Defendants argue that all of the Government’s FCA claims that predate February 1, 2001 are barred by the statute of limitations. The FCA provides that: A civil action under section 3730 may not be brought-- (1) more than six years after the date on which the violation of section 3729 is committed, or (2) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. 31 U.S.C. § 3731(b). The Act further states that “[f]or statute of limitations purposes, any . . . Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim 21 of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.”

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