The False Claims Act: Who Is The Responsible Government Official?

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This teleforum will discuss the Supreme Court argument in United States ex rel. Hunt v. Cochise Consultancy, Inc., a case about the False Claims Act statute of limitations. In this case, the Court is examining whether a relator can rely on the tolling provision of the statute of limitations, which allows a claim to be filed up to three years after the responsible government official learns of facts material to action, even if the government never intervenes. While the case presents two narrow issues—how long can a relator wait to file suit and who is the “responsible government official” whose knowledge of the facts can trigger the limitations period—the Court’s resolution of the case could touch on several hot-button issues and create ripples that materially change FCA jurisprudence. 


Mark B. Sweet, Partner, Wiley Rein LLP

Brandon J. Moss, Associate, Wiley Rein LLP


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