FCA Case Developments: Tolling Under War Powers Act And Relators As A Source Of Public Disclosure

On May 26, 2015, the United States Supreme Court issued its much-anticipated decision in the long-running saga of Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, 2015 WL 2456621 (2015) ("KBR"). In so doing, the Court resolved a split between the Circuit Courts of Appeal regarding the applicability of the Wartime Suspension of Limitations Act ("WSLA") to the FCA.

The WSLA, first enacted in response to contractor malfeasance during World War I, tolls the statute of limitations for any "offense" involving fraud against the United States or that is otherwise connected to acquisition or procurement, for as long as the United States is at war. In 2008, Congress amended the Act to include instances of congressionally authorized uses of force, such as the Authorization for the Use of Military Force authorizing American operations in Afghanistan. In recent years, a number of courts, including the United States Court of Appeals for the Fourth Circuit, have