The claim must be brought within the statute of limitations. In other words, generally speaking for False Claim Act violations, the claim must be reported within 6 years of when it occurred to be viable in accordance with the False Claims Act. However, various states have their own industry specific whistleblower laws where some claims must be made within 30 days though some allow up to 6 years for the whistleblower to file their report. These statute time frames are subject to change. OffRecord will help you assess the situation, but we must be brought in the loop as soon as possible in order to assist you in understanding the bounds we have to work within.
What does the False Claim Act state specifically in regards to the statute of limitations?
The statute of limitations for a qui tam action is found in Section 3731(b) of the FCA: "A civil action under section 3730 may not be brought-
(1) more than 6 years after the date on which the violation of section 3729 is committed, or
(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
What about the Statute of Limitations on a Dodd-Frank SEC violation?
The statute of limitations under the Dodd-Frank Act for whistleblowers who engage in SEC-related whistleblower conduct must be filed either within six years after the date when the violation occurs or within three years after the date "facts material to the right of action are known or reasonably should have been known by the employee," but not more than 10 years after the date of the violation.
What about the Statute of Limitations on a Sarbanes-Oxley violation?
The statute of limitations on a Sarbanes-Oxley related violation is limited to 180 days after the date of the violation or after the employee became aware of the violation.
What about the Statute of Limitations on a Commoditities Law violation?
The statute of limitations for whistleblowers reporting violations of commodities laws to the CFTC is a more moderate two year period.
What about the Statute of Limitations on a Tax violation?
Federal income taxes have a 10 year limit on collection of federal taxes while states income taxes vary in regards to their statute of limitation from state-to-state; some states have no limit on this and intend to collect what is owed to them until and after the day that you die.
Depending on the case and type of violoation you have brough to OffRecord, we will work to ascertain the statute of limitations and how to best report your case, assuming we still can. Given the timelines and expiry dates on these cases, we strongly suggest you have a confidential discussion withh OffRecord at your earliest convenience.