As I have written in other blog posts, the False Claims Act was enacted during the Civil War to prosecute those who tried to profit off of selling low-grade or faulty supplies to the U.S. government. This remains a problem in modern America as well. One problem with prosecuting people who are bilking the government during wartime is that the ongoing war makes filing a qui tam case, collecting evidence, and pursuing the case extremely inconvenient. As a result, during World War I and II Congress passed the Wartime Suspension of Limitations Act, which was initially enacted to extend the statute of limitations for war-related criminal fraud that the Government was unable to prosecute because of the war-time conditions. The current version of the WSLA suspends the statute of limitations for “any offense against the laws of the United States.” The United States Supreme Court recently issued an opinion limiting exactly what “suspending the statute of limitations” means in the False Claims Act context.
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The U.S. Supreme Court’s KBR decision came to two significant conclusions related to the False Claims Act. In the KBR case, a whistleblower named Benjamin Carter brought a whistleblower claim against Kellogg, Root & Brown and Halliburton, alleging that they were billing the U.S. government for water purification work they were not performing in the Middle East during the Iraq and Afghanistan wars. He made his first claim in 2006 and his final claim in 2011. The False Claims Act has a six-year statute of limitations with a ten-year maximum. The defendants claimed that Carter’s case violated the False Claims Act’s statute of limitations, while Carter contended that that the WSLA suspended the statute of limitations.
The Supreme Court unanimously held that the WSLA suspends the statute of limitations for the U.S. government to prosecute crimes against the government, but does not suspend that same statute of limitations for civil claims brought by a whistleblower.
The Supreme Court’s holding underscores the importance of bringing a timely claim within the False Claims Act’s statute of limitations. While many argue that a civil suit brought by a whistleblower is really a claim brought on the U.S. government’s behalf, the Supreme Court did not agree, holding the line on what they see as a generous statute of limitations under the False Claims Act.
What Should You Do if You are Considering Making a Whistleblower Claim?
Are you considering filing a whistleblower case? The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. As the above analysis demonstrates, a solid case brought too late may be worthless. A whistleblower does not have an endless amount of time to file his or her claim, and you should consult with an experienced whistleblower attorney immediately if you believe you may be a whistleblower. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.
