In a long-awaited ruling, the Supreme Court held that the Wartime Suspension Limitations Act (WSLA) does not toll the statute of limitations in civil FCA actions, as the WSLA applies only to criminal actions. After lying dormant for more than 40 years, the WSLA had threatened to upend the FCA's limitations period and expose defendants to open-ended and extensive liability for otherwise stale FCA claims.
Amended in 2008, the WSLA provides that the statute of limitations applicable to any offense involving fraud against the United States during a time of war or when Congress has enacted a specific authorization for the use of military force is suspended until five years after the termination of hostilities. In a number of recent cases, relators had begun relying on the WSLA as a means to avoid dismissal of claims brought outside of the FCA's limitations period.
To continue reading the content in this article on the firm's Inside the FCA blog, please click here to view the post.
Bass, Berry & Sims' Inside the FCA blog features news, commentary and thought leadership covering FCA, healthcare fraud and procurement fraud.