Whistleblower Statute of Limitations
A False Claims Act case must generally be filed within six years of the violation, or three years after the government knew or should have known the material facts, whichever is later, with an outer limit of ten years. The first-to-file rule is usually the more pressing deadline.
The statutory periods
Section 3731(b) sets two alternative periods and an outer limit, and the later of the two applies.
- Six years from the date of the violation, or
- Three years after the responsible government official knew or reasonably should have known the material facts, but
- Never more than ten years after the violation
Continuing conduct helps you
Where fraud is ongoing, each false claim starts its own period. A billing scheme running for a decade will have older claims fall outside the window while recent claims remain fully actionable.
That means a long-running scheme is rarely time barred entirely. It usually means the recoverable period is shorter than the total conduct.
The deadline that actually binds
In practice, most relators are not defeated by the statute of limitations. They are defeated by someone else filing first.
Only the first relator to file on a given fraud can recover. A second case on the same underlying facts is barred no matter how much better prepared it is. Where a scheme is visible to a team, that risk is immediate rather than theoretical.
Retaliation claims run on a different clock
A section 3730(h) retaliation claim generally must be brought within three years of the retaliatory act, which is separate from the fraud claim period.
Other statutes that may cover the same conduct are far shorter. Some OSHA-administered whistleblower provisions require filing within 30 days. Do not assume the longest applicable window is yours.
Frequently asked questions
When does the clock start?
On the date of the violation, which is generally when the false claim was submitted rather than when you discovered it.
Does the public disclosure bar work like a deadline?
It is different but has a similar practical effect. If the allegations have already been publicly disclosed, your case may be barred unless you are an original source with independent knowledge that materially adds to what is public.
I left the company years ago. Is it too late?
Not necessarily. If claims were submitted within the last six years, or the ten year outer limit applies, a case may still be viable. Worth checking rather than assuming.
The attorneys who handle these cases
Related reading
Talk to a whistleblower attorney before you report
A conversation costs nothing and is confidential. We will tell you honestly whether what you have describes a case, and what the first-to-file rule means for your timing.