Nearly all laws that provide a cause of action to file suit include a so-called statute of limitations which puts a deadline on how many years a person has to file a lawsuit. In False Claims Act cases, the Supreme Court in 2019 clarified that whistleblowers face a statute of limitations of six years from the date of the violations or three years from the date when the facts of the fraud were known or should have been known by the government. Regardless of when the government knew or should have known, however, no claim may be brought for violations more than 10 years old.
Potential whistleblowers must consider these deadlines while deciding if and when to file a claim and when considering how far back the allegations of fraud may be alleged. Whistleblowers also have to keep in mind that the sooner a whistleblower lawsuit is filed, the sooner the Department of Justice can begin its investigation and secure evidence.
If you are considering becoming a whistleblower, it is important to work with a nationally commended False Claims Act whistleblower law firm like Hagens Berman. The large size of our law firm, our successful track record and sterling reputation with the Justice Department and state Attorneys’ Generals Offices translates to unrivaled advocacy for our whistleblower clients.
GOVERNMENT TIMELINES TO ACT ON WHISTLEBLOWER LAWSUITS
Though whistleblowers generally are advised to file their False Claims Act suit within six years of the fraudulent behavior, the sooner a complaint is filed the better. This is true both for the whistleblower and for the government.
There are roughly 600 to 800 federal False Claims Act lawsuits filed each year. The Department of Justice must review and evaluate each one of them. Once a False Claims Act suit is filed, the Department of Justice initially has 60 days to review the complaint while it remains under seal by the court. During that time, the Department will nearly always seek a six-month extension from the court so that it has additional time to investigate. During this period, the Department of Justice generally will interview the whistleblower and further analyze the allegations of the lawsuit.
Often, the government investigation three years or more to reach its end. At that point the Department of Justice decides whether to intervene in the lawsuit or decline intervention to allow the whistleblower and private counsel to litigate on its behalf.
WHEN TO FILE A FALSE CLAIMS ACT COMPLAINT AS A WHISTLEBLOWER
While you generally have six years to decide if you’ll file a whistleblower complaint, you shouldn’t delay. The longer you wait, the more difficult it may become for your False Claims Act attorneys and the Department of Justice investigators to track down important evidence.
Documents may get lost and important witnesses can move away and become hard to track down. You can talk to a legal professional at Hagens Berman at any time to help determine the strength of your case and when you should file a whistleblower complaint.
Potential interference from other whistleblowers is another reason to file a False Claims Act lawsuit as soon as you are ready. Under “first to file” rules, if another whistleblower makes a submission based on substantially the same allegations and information, you often won’t be able to recover under the False Claims Act.
CONTACT HAGENS BERMAN’S WHISTLEBLOWER ATTORNEYS TODAY
When moving forward with a possible False Claims Act case, whistleblowers should choose the very best law firm to represent their claim. When the success of your claim carries the potential for significant risks and rewards, you need a law firm with an outstanding record of success in handling False Claims Act lawsuits on behalf of whistleblowers.
As one of the top plaintiff firms in the country, Hagens Berman is positioned to be your advocate as a whistleblower. We utilize our decades of experience, our significant resources, and our hard-earned reputation working with the Department of Justice to ensure your case is properly evaluated and litigated.
Hagens Berman provides a free and confidential analysis of your potential whistleblower matter. You can also visit our whistleblower informational page for more helpful articles and instructional videos from our legal team on the False Claims Act.
