Qui Tam Litigation


language. This indicates that the two subsections are to be read together. See Pogue, 474 F. Supp. 2d at 85. Thus, looking at the language of section 3731(b) as a whole, it seems clear that it includes Relators, at least in actions in which the Government has intervened, and there is nothing in section (b)(2) to suggest that Relators are excluded. See Pogue, 474 F. Supp. 2d at 84; see also Landis, 2014 U.S. Dist. LEXIS 83313 at *51. This reading of Section 3731(b) is also consistent with Graham, in which the Supreme Court did not differentiate between relators and the government with respect to actions brought under section 3730(b). 545 U.S. at 415. The legislative history of section 3731(b) also supports this interpretation of the statute. The Senate report on the 1986 amendments to the FCA states that section 3731(b)(2)’s tolling provision means that the “statute of limitations does not begin to run until the material facts are known by an official within the Department of Justice with the authority to act in the circumstances.”

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