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- Title
QUITAM CONFUSION: SUPREME COURT WEIGHS IN, AND A PROPOSED DOJ RESPONSE.
- Authors
Schwamm, Ryan
- Abstract
The Supreme Court recently resolved a multi-circuit split in Cochise Consultancy, Inc. v. U. S. ex rel. Hunt in favor of an expansive interpretation of § 3730(b), which sets the statute of limitations period for qui tam lawsuits. Facing several competing views, the Supreme Court upheld an 11th Circuit ruling, holding that qui tam whistleblowers may avail themselves of the three-year statute of limitations extension since they may be considered "official[s] of the United States" under the statutory language, even where the government declines to intervene and litigate the suit. False Claims Act whistleblowing is a multibillion dollar industry with significant policy implications for whistleblowers, government contractors, and the government. This recent legal development opened the door to more qui tams, allowing the government to prosecute more fraud, but simultaneously encouraging potential abuses of the qui lam system and creating additional exposure for government contractors. This Note explores the legal landscape both prior and subsequent to the Supreme Court's 2019 decision and discusses a Department of Justice policy that could be used to curtail potential negative effects of the Supreme Court's ruling by restoring consistency and discouraging abuse of the Supreme Court's new extended limitations period.
- Subjects
POPULAR actions; ACTIONS &; defenses (Law); WHISTLEBLOWERS; STATUTES; FALSE claims laws
- Publication
University of Florida Journal of Law & Public Policy, 2020, Vol 30, Issue 3, p361
- ISSN
1047-8035
- Publication type
Article