False Claims Act Fundamentals: Statute Of Limitations

Previous False Claims Act (FCA) Fundamentals posts have focused on the primary elements of an FCA claim, including falsity, materiality, scienter, and damages.

But even if a claim meets all of the requisite elements for a valid FCA claim, it may still be barred if the relator or the government fails to file their claim within the specified statute of limitations. While the concept of a statute of limitations is not exclusive to the FCA, the unique dual-framework limitations period adopted by the FCA, which Supreme Court Justice Alito called "terribly drafted," can easily result in what he called "a statutory interpretation dilemma." This post will assist the reader in determining which of multiple statutes of limitation may apply to a specific FCA claim.