Qui Tam Statue of Limitations

Similarly, the cases on which Defendants rely also do not address the precise issue presented here as most of them predate the 2009 amendments. See United States ex rel. Frascella v. Oracle Corp., 751 F. Supp. 2d 842 (E.D. Va. 2010); United States ex rel. Purcell v. MWI Corp., 520 F. Supp. 2d 159 (D.D.C. 2007); United States v. Intrados/Int’l Mgmt. Group, 265 F. Supp. 2d 1 (D.D.C. 2002). Indeed, all of these cases hold that the relation-back provision allows the government to take advantage of the six-year statute of limitations from the date of the filing of the relator’s initial complaint, a point that is not in dispute here. For instance, in Frascella, defendants, like Defendants here, argued that many of the government’s claims were barred by the applicable statute of limitations. 751 F. Supp. 2d at 848. There, relator filed his sealed complaint on May 29, 2007 and the government filed its complaint in intervention on July 29, 2010, more than three years after relator’s initial complaint. Id.

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