Qui Tam Statue of Limitations

The Frascella court, however, did not reach the precise question raised here - whether the Government can avail itself of the ten-year statute of limitations even where it failed to file a complaint in intervention within three years of Relator’s complaint - because the government conceded that it should have known of any potential claims against defendant when relator filed his complaint. Id. at 849 n.3. Instead, the government 25 argued that claims based on alleged false statements made thirteen years prior to the filing of relator’s complaint were timely because the U.S. officials charged with responsibility to act could not reasonably have known of those claims prior to the filing of relator’s complaint.

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