The U.S. Supreme Court heard oral arguments Tuesday in Cochise Consultancy v. United States, ex rel. Hunton to determine the question of how to apply the rule extending the statute of limitations from six to ten years for lawsuits brought by whistleblowers under the U.S. False Claims Act.

Under the U.S. False Claims Act, a whistleblower must file suit either six years from when the fraud is committed or “three years after the United States knows or should know about the material facts, whichever comes later (so long as the action is filed within ten years of the alleged fraud)” (See 31 U.S.C. § 3731(b)). The question being addressed by the U.S. Supreme Court is whether – and to what extent – the provision extending the False Claims Act from six to ten years applies when the government does not intervene in an action filed on its behalf by a whistleblower.

Click here to read the oral argument transcript.