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QUI TAM ACTIONS

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

Issues

In a False Claims Act qui tam action in which the United States government does not intervene, under what circumstances may the relator rely on the statute of limitations set forth in 31 U.S.C. § 3731(b)(2)?

This case asks whether relators can benefit from the longer of the False Claims Act’s two statutes of limitations. The False Claims Act (“FCA”) contains two statutes of limitations, and circuits are split as to whether both statutes of limitations apply to private individuals. Cochise Consultancy, Inc. and the Parsons Corporation contend that, based on a contextual interpretation of the FCA, only the Act’s six-year statute of limitations, from when the cause of action occurs, should apply to relators. Billy Joe Hunt, the relator in this suit, counters that the plain language of the statute permits relators to benefit from the FCA’s three-year statute of limitations, which begins when an official of the United States learns the materials facts of the action, even when the United States is not a party. This case will likely impact the number and costs of suits brought under the FCA.

Questions as Framed for the Court by the Parties

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).

In 2006, Respondent Billy Joe Hunt worked for the Parsons Corporation (“Parsons”) in Iraq to fulfill Parson’s $60 million munitions clean-up contract with the Department of Defense. United States ex rel. Hunt v. Cochise Consultancy, Inc. at 1083–84. Parsons sought bids from subcontractors and initially awarded a contract to ArmorGroup.

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