Timing matters. The False Claims Act (FCA) statute of limitations determines how long you have to file an FCA case after discovering fraud. If you miss the deadline, you may lose the right to pursue your case.
How Long Do You Have Under the FCA Statute of Limitations?
Federal law sets two primary deadlines for filing under the FCA:
- Six years from the date the fraud is committed; or
- Three years from when the government knew, or should have known, about the fraud, but no more than ten years from the date of the violation.
That means that, depending on when you uncover fraud, your deadline is likely somewhere between six and ten years after the fraud is committed. But that can be shortened significantly if the government knows or should have known about the fraud. It is difficult for a whistleblower to know what the government knows and when it knows it, so the best practice is to file as soon as reasonably practicable (especially if the fraud has been publicly disclosed). If you miss the window, the statute of limitations of the False Claims Act bars your claim entirely.
The First-to-File Rule – Another Timing Consideration?
The False Claims Act’s first-to-file rule may bar later-filed qui tam actions that are based on the same essential facts as an earlier-pending action, even if the later complaint adds detail, names additional defendants, or advances new legal theories. The rule is designed to prevent duplicative suits and ensure that the Government receives prompt notice of alleged fraud from the first relator to file. Courts focus on whether the earlier complaint alleged the same material elements of fraud, not on formal differences between the pleadings. If you suspect that another whistleblower may try to file a qui tam action, timing is critical to preserve your rights.
What Should You Do Next?
Start with these steps:
- Don’t wait. If you suspect fraud, consult a False Claims Act attorney immediately;
- File under seal. Work with a False Claims Act lawyer to alert the DOJ and to draft and submit a sealed complaint; and
- Stay ready. The DOJ may intervene, or your legal team may proceed on its own, but either outcome requires a strategy.
Take the First Step Toward a Strategic Filing
Many whistleblowers don’t realize the clock starts ticking the moment they uncover wrongdoing. A ticking timeline means you need clear legal guidance and swift action. At Reese Marketos LLP, our False Claims Act lawyers have extensive experience handling FCA timing and deadlines. We help whistleblower clients file promptly, preserve rights, and avoid missing critical legal windows. Let us make sure your fight doesn’t end before it begins.
We’ll evaluate your case, clarify applicable deadlines, and, if you choose to move forward, make sure the FCA filing begins on the correct date, with the right team behind you.