Government False Claims

Id. § 3731(c).3 Neither party disputes that the Government’s claims arise out of the conduct, transactions, and occurrences set forth in Relators’ complaint, and that the Government’s complaint thus “relates back” to the date of the filing of Relators’ complaint. Defs.’ MTD Govt.'s Compl. at 15-16; Govt.’s Opp’n at 11. Defendants argue that because the Government did not file its complaint in intervention within three years of the date when it should have known of any potential claims – that is, February 1, 2007, the date on which Relators filed their initial complaint – the Government cannot avail itself of the ten-year statute of limitations in section 3731(b)(2), and thus only a six-year statute of limitations applies.

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