{"id":357895,"date":"2017-01-24T15:05:41","date_gmt":"2017-01-24T20:05:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/employment\/whistleblowers\/false-claims-act-statute-of-limitations.html"},"modified":"2024-04-16T09:43:53","modified_gmt":"2024-04-16T14:43:53","slug":"false-claims-act-statute-of-limitations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/whistleblowers\/false-claims-act-statute-of-limitations.html","title":{"rendered":"False Claims Act Statute of Limitations"},"content":{"rendered":"\n
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False Claims Act Statute of Limitations<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

What if you could earn financial rewards for exposing fraudulent claims to the federal government? The False Claims Act<\/a> (FCA) is a federal law that awards whistleblowers a percentage of the funds recovered, plus reasonable attorney fees and costs.<\/p>\r\n

Because "blowing the whistle<\/a>" is a legally protected activity<\/a>, you can also recover damages for any harm, such as getting fired or demoted, that you experience for coming forward. Recovery can also include job reinstatement. So, the statute gives whistleblowers financial rewards and job protection against retaliation.<\/p>\r\n

Before starting a new career as a government watchdog, you should consider some crucial limitations. There are time limits to file your claim, whether for whistleblowing or retaliation. The False Claims Act statute of limitations can end even the most worthwhile cases. Below is an overview of the FCA’s filing deadlines to help you avoid losing a significant case due to technical issues.<\/p>\r\n

False Claims Act Overview<\/h2>\r\n

The False Claims Act became law during the Civil War. It’s aimed at ending fraud against the federal government. The FCA imposes civil penalties and recovery for triple damages against anyone who knowingly submits a fraudulent claim to the United States government. On top of civil penalties, FCA violators also face disqualification from future state and federal government contracts.<\/p>\r\n

The whistleblower law allows either the United States government or private citizen whistleblowers to bring a civil action against alleged offenders on behalf of the government. In court filings, whistleblowers go by the names "relators" or "qui tam relators." Lawsuits brought by private citizens are "qui tam cases<\/a>." People file the cases in the federal district court.<\/p>\r\n

Creating citizen deputies to help fight fraud is a major part of the False Claims Act (FCA). The whistleblower can get up to 30% of the money recovered on behalf of the federal government in a qui tam case.<\/p>\r\n

Relators must file their qui tam lawsuits under seal. The courts seal the FCA complaint for at least 60 days after it gets filed so the government can decide whether to take over the case. The U.S. Department of Justice (DOJ) evaluates the case to determine whether it will intervene. If the Justice Department declines to get involved, the qui tam whistleblower may proceed with the action.<\/p>\r\n

Criminal prosecution<\/a> is also possible.<\/p>\r\n

The FCA is effective in protecting taxpayer dollars. In 2023, authorities recovered<\/a> about $2.68 billion in fraudulent claims. One of the leading recoveries under the federal law was in the healthcare industry for improper billing to Medicaid and Medicare.<\/p>\r\n

Beating the Clock<\/h2>\r\n

Many legal rights and remedies depend on compliance with strict deadlines. These time limits are "statutes of limitations<\/a>." The False Claims Act has statutes of limitations. If you wait too long to file an FCA claim, you may lose your chance to recover compensation.<\/p>\r\n

FCA Statute of Limitations<\/h2>\r\n

FCA cases generally must get filed within one of two different timelines:<\/p>\r\n