In Wilson v. Bristol-Myers Squibb, the United States First Circuit Court of Appeals recently affirmed a district court opinion that a whistleblower (relator) waited too long to file an amended suit.
False claims act statute of limitations
Handling Whistleblower Cases Nationwide from Newport News, Virginia
In the previous post I discussed the statute of limitations for Whistleblower cases (suits filed under the False Claims Act). Last year, the United States Court of Appeals for the Fourth Circuit ruled on an interesting issue as to whether the statute of limitations was suspended due to the fact that the United States had been at “war” in the case of Carter v. Halliburton, 710 F.3d 171 I(4th Cir. 2013).
Whistleblower often inquiry about how long after a party defrauds the government do they have to file a false claims act. There is not a quick and simple answer to this question. The statute provides that a civil action under the False Claims Act must be brought within six years of the violation or within three years of the date when the government learned or should have learned the facts material to the violation, whichever is later. In no event may an action be brought after ten years of a violation. Specifically, the language of the statute states: