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September 26, 2016

26 September 2016

Court Rules That Only DOJ’s Knowledge is Relevant for Statute of Limitations Defense, But Permits Discovery of Communications That Should Have Put DOJ on Notice

The ability to invoke the FCA’s statute of limitations defense often hinges on the timing of when “the official of the United States” knew or should have known of the alleged fraud.  Most courts have sided with the government’s interpretation of “the official of the United States” as meaning only the Attorney General or his or her designees.  A district court recently sided with the majority interpretation, but in so doing, affirmed avenues of discovery outside of DOJ Civil that should have put the government on notice of a potential FCA claim.  See United States v. Kellogg Brown & Root Services, Inc., No. 12-cv-04110 (C.D. Ill. Sept. 16, 2016).

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