DCA Blog

Joe Rossi's Articles

Fourth Circuit Extends FCA Statute of Limitations in Wartime

Under the False Claims Act (FCA), whistleblowers must file their qui tam claims within six years of the alleged violation (or within 10 years if the case is filed within 3 years of the whistleblowers discovery of the fraud). But in a March 18, 2013 decision, the United States Court of Appeals for the Fourth Circuit applied provisions from the Wartime Suspension of Limitations Act (WSLA) that toll the FCA statute of limitations for fraud in wartime, holding that this claim was thus not time-barred.

Department of Justice Intervenes in Whistleblower Suit Against Lance Armstrong

On February 22, 2013, the U.S. Department of Justice (DOJ) announced that it will intervene in a Qui Tam whistleblower suit filed against Lance Armstrong, his team manager and Tailwind Sports, LLC.

“Honeygate” Sting Fines Michigan Company for Anti-Dumping Violations

A joint operation by the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection Agencies resulted in a $2 million fine levied on Onsted, Michigan based Groeb Farms.

Justice Delayed But Not Denied

The Sixth Circuit Court of Appeals recently upheld Congress’ 2009 Amendment of the False Claims Act. Congress, enacting the Fraud Enforcement and Recovery Act (FERA), lowered the standard of liability under the False Claims Act. The previous standard imposed liability for “knowingly making a false record or statement to get a false or fraudulent claim paid or approved by the government.” The new, significantly broader standard imposes liability for “knowingly making a false record or statement material to a false or fraudulent claim.”

Domestic Uniform Rental Loses at Michigan Court of Appeals

On January 22, 2013 the Michigan Court of Appeals, in a case titled Fuego Grill, LLC and Samuel Alvarado v. Domestic Uniform Rental held that courts, not the arbitrator, are able to decide the existence of the contract to arbitrate.

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