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No. 18-315October Term 2018Decided May 13, 2019

Docket 18-315October Term 2018 (2018–2019)

Cochise Consultancy, Inc. v. United States ex rel. Hunt

Private whistleblowers can use the False Claims Act's longer knowledge-based filing period even when the United States declines to intervene.

Case status

Current stage
Decided
Latest event
Decision released May 13, 2019
Case Accepted
Arguments
Decision ReleasedMay 13, 2019
What it's about

This case asked how the False Claims Act’s statute of limitations applies when a private whistleblower brings a qui tam suit and the United States chooses not to intervene. The Court held that the whistleblower may rely on the Act’s 3-year knowledge-based limitations period in that situation, but the whistleblower is not the "official of the United States" whose knowledge starts that period.

Question presented

The question presented is whether a relator in a False Claims Act qui tam action may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2) in a suit in which the United States has declined to intervene and, if so, whether the relator constitutes an "official of the United States" for purposes of Section 3731(b)(2).

Case path

United States Court of Appeals for the Eleventh Circuit / Decision released May 13, 2019

Area

Decided Supreme Court case

Briefing

What it's about

This case asked which False Claims Act time limit applies when a private whistleblower sues and the United States does not join the case. The Court said the whistleblower may use the law's 3-year knowledge-based deadline, but the whistleblower is not the federal official whose knowledge starts that clock.

Vote

The Court decided the case on May 13, 2019, after hearing argument on March 19, 2019, but vote and opinion-lineup details are not available in the provided record.

Impact

The decision can give whistleblowers more time to file some fraud suits, even when the government stays out. That matters for contractors, health care companies, and others accused of sending false bills to the government.

What's next

The Supreme Court has finished this case. The practical next step is for lower courts to apply this timing rule in False Claims Act suits where the government does not intervene.

What was the main dispute in Cochise Consultancy, Inc. v. United States ex rel. Hunt?

The case asked whether a private whistleblower could use the False Claims Act's 3-year knowledge-based deadline when the government declined to join. It also asked whether the whistleblower counted as the federal official whose knowledge starts that period.

How does this decision affect real cases?

It can keep some fraud claims alive longer, giving whistleblowers more time to sue. Businesses accused of false billing may face cases that would otherwise seem too old.

What happens after the Supreme Court's decision in this case?

The Supreme Court's work on this docket is over. Lower courts must now use this rule when deciding timing disputes in similar False Claims Act cases.

Decision

Decision record

What the Court decided

Private whistleblowers can use the False Claims Act's longer knowledge-based filing period even when the United States declines to intervene.

Impact

The decision can give whistleblowers more time to file some fraud suits, even when the government stays out. That matters for contractors, health care companies, and others accused of sending false bills to the government.

Not official Court text.

Opinion documents