Qui Tam Government Intervention

Govt.’s Opp’n at 9. Thus, if a relator’s claim is timely, so too will a government complaint in intervention alleging the same wrongdoing be timely, regardless of when it is filed. Id. The Government admits that it was aware of Relators’ claims beginning on or around December 27, 2004, when the same Relators filed a qui tam action in the United States District Court for the District of Maryland. Id. at 5, 12-14. The Government argues that because the initial complaint in this action was filed by Relators on February 1, 2007, within three years of the date when U.S. officials became aware of the claims on December 27, 2004, the Government’s complaint in intervention can apply to claims as far back as February 1, 1997, even though the Government did not file its complaint in intervention until August 19, 2011. Id. at 12-14. The Government’s theory then is that it can avail itself of the ten year statute of limitations in section 3731(b)(2) by operation of section 3731(c)’s relation-back provision.

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