Eleventh Circuit Extends FCA’s Ten Year Limitations Period to Non-Intervened Cases, Creating Circuit Split

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In United States ex. Rel. Hunt v. Cochise Consultancy, Inc., the Eleventh Circuit extended the FCA’s more generous 10-year statute of limitations to relators, even when the government has declined to intervene. According to the court, the clock begins ticking when the relevant federal government official learns of the facts supporting the claim, so the date the relator learned of the fraud is immaterial to the statute of limitations. The decision sets up two separate court splits, one with the Fourth and Tenth Circuits and another with the Ninth.

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