4th Circ. Ruling On Expired FCA Claims Is Troubling

Law360, New York (April 5, 2013, 11:46 AM EDT) -- For the first time in the more than 60-year history of the statute, a federal appeals court has applied the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, to a civil False Claims Act case. A World War II-era statute, the WSLA tolls any statute of limitations relating to an "offense" involving "fraud or attempted fraud" against the federal government "[w]hen the United States is at war." 18 U.S.C. § 3287. The suspension is effective until five years after the termination of hostilities." Id....
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