Washington, D.C. partner Jesse Witten was quoted in the Report on Medicare Compliance on the Supreme Court’s decision in United States ex rel. Carter v. Kellogg, Brown & Root, holding that the Wartime Suspension of Limitations Act does not suspend the statute of limitations for False Claims Act (FCA) cases.
Jesse described statute of limitations applicable to the FCA and stated that the Supreme Court’s decision restored “common sense” to the issue. Lower courts had held that as a result of the War in Iraq, the Wartime Suspension of Limitations Act (WSLA) suspended the running of the statute of limitations in civil FCA cases. The Supreme Court held, however, the WSLA suspends the statute of limitations only for criminal cases. “Until this was decided, every other [lower] court agreed with the government that the WSLA applies to the FCA and suspends the running of the statute of limitations,” said Jesse.