When does the statute of limitations clock start running in a False Claims Act (FCA) case when the government declines to intervene in a whistleblower case? That is the question the Supreme Court will consider when it takes up Cochise Consultancy, Inc. v. United States.
The National Whistleblower Center filed an amicus curiae brief in the case this week.
At issue: Must an FCA plaintiff rely on the statute of limitations in a suit in which the United States declines to intervene? If so, does the three-year limitations period begins to run from the date of the whistleblower’s knowledge of the alleged false claim, or from the date of the government official’s knowledge of the alleged false claim?
The brief, written by NWC executive director Stephen M. Kohn, notes that his organization takes the position that the “merits of a claim often bear no relation to the duration of a case.” Continue Reading Brief: Supreme Court needs to uphold False Claims Act statute of limitations as “clearly set forth in the law.”