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Clifford Chance

Clifford Chance

Briefings

U.S. Supreme Court May Overrule Indefinite Extension Of False Claims Act’s Civil Statute Of Limitations

14 January 2015

Today the U.S. Supreme Court heard oral argument in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter (Case No. 12-1497), which raises the issue of whether the Wartime Suspension of Limitations Act (“WSLA”) tolls the statute of limitations in civil False Claims Act (“FCA”) actions during times when the United States is at war.  The WSLA provides that “[w]hen the United States is at war … the running of any statute of limitations applicable to any offense … involving fraud or attempted fraud against the United States … shall be suspended until 5 years after the termination of hostilities ….”  18 U.S.C. § 3287.  The issue in Carter largely turns on whether the word “offense” limits the WSLA’s application to criminal cases.

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