Government False Claims

Therefore, according to Defendants, the Government may only maintain claims for violations that are alleged to have occurred after February 1, 3 Section 3731(c) was added as an amendment as part of the Fraud Enforcement and Recovery Act of 2009. As the D.C. Circuit held in United States ex rel. Miller v. Bill Harbert International Construction, Inc., 608 F.3d 871, 879-80 (D.C. Cir. 2010), the 2009 amendments to Section 3731 apply to this matter as “the provision permitting relation back was made expressly ‘applicable to cases pending on the date of enactment.’” Miller, 608 F.3d at 878 (quoting Fraud Enforcement and Recovery Act of 2009, Pub. L. No. 111-21, § 4(f)(2), 123 Stat. 1617, 1625). 22 2001, six years prior to the filing of Relators’ complaint. MTD Govt.'s Compl. at 16. The Government argues that Defendants ignore a fundamental principle of the qui tam mechanism: “that for statute of limitations purposes, the Government stands in the shoes of the relator.”

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