Qui Tam Litigation

S. Rep. No. 345, 99th Cong., 2d Sess., 30 (July 28, 1986), reprinted in 1986 U.S.C.C.A.N. 5266. Similarly, the House report noted that fraud was often difficult to detect, thus the statute extended the statute of limitations. However, the House Report also explained that “the Committee did not intend to allow the Government to bring fraud actions ad infintum [sic], and therefore imposed the strict 10 year limit 31 on False Claims Act cases.” H. Rep. No. 660, 99th Cong., 2d Sess., 25 (June 26, 1986). This legislative history indicates that Congress intended the limitations period to run based on the knowledge of the government. Following the reasoning of Pogue, which allows relators to take advantage of the tolling provision of section 3731(b)(2) if they file a complaint within three years of the relevant government official learning of the fraud, which they did here, the Court finds that the government’s claims dating back to February 1, 1997 are timely.

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