11th Circuit Expands False Claims Act Deadline for Whistleblowers

A major legal decision in the Southeastern United States has expanded the statute of limitations for False Claims Act (FCA) cases. In the 11th Circuit Court of Appeals jurisdiction, whistleblowers in declined qui tam cases can now recover damages dating back up to 10 years, rather than the standard 6-year limit applied in other parts of the country.

Understanding the False Claims Act’s Time Limits

According to 31 U.S.C. §§ 3731(b)(1)–(b)(2), the FCA statute of limitations allows whistleblowers to file cases within the later of:

• 6 years from the date the fraud occurred, or
• 3 years from the date the government learned of (or should have learned of) the fraud, but no more than 10 years after the fraud occurred.

However, not all federal circuits have interpreted these provisions the same way. The 9th and 10th Circuits (which cover the West Coast, Hawaii, Alaska, and much of the Western U.S.) limit whistleblowers to a strict 6-year timeframe, significantly restricting potential recoveries.

The Game-Changing 11th Circuit Ruling: U.S. ex rel. Hunt v. Cochise Consultancy, Inc.

In a landmark decision (United States ex rel. Hunt v. Cochise Consultancy, Inc., 2018 WL 1736788 (11th Cir. Apr. 11, 2018)), the 11th Circuit broke from other courts, ruling that:

• Whistleblowers in declined qui tam cases (where the government does not intervene) can use the full 10-year limitations period.
• This means that even if fraud occurred a decade ago, whistleblowers may still be able to collect damages—if they file within three years of when the government became aware of the fraud.

Why This Matters for Whistleblowers in the 11th Circuit

This decision is a major victory for whistleblowers in Alabama, Florida, and Georgia, the states within the 11th Circuit. The longer False Claims Act deadline increases potential financial recoveries and holds fraudulent entities accountable for a greater period of misconduct.

If you are considering filing a False Claims Act case in the 11th Circuit, this ruling could significantly impact your ability to recover damages. Wilbanks & Gouinlock, LLP has extensive experience representing whistleblowers nationwide and can provide guidance on your potential claim.

Report Fraud at No Cost

If you have information about fraudulent activity, contact our office for a free, confidential consultation:

• Fill out our consultation form by clicking here.
• Email us at info@wilbanksgouinlock.com.
• Call (404) 842-1075, ext. 123 or 122.

This article is for informational purposes only and should not be considered legal advice.