31 U.S.C. § 3731 — False claims procedure
submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 370 words · no verdicts yet
This section sets subpoena, filing-deadline, pleading, proof, and criminal-judgment rules for section 3730 actions.
(a) A subpoena for a witness at a section 3730 trial or hearing may be served anywhere in the United States. (b) An action may not be brought more than 6 years after the section 3729 violation, or more than 3 years after the responsible United States official knew or should have known material facts, and never more than 10 years after the violation; the later applicable period controls. (c) If the Government intervenes, it may file or amend a complaint to clarify claims, add detail, or add claims for which it seeks relief. For limitations purposes, it relates back to the private complaint to the extent based on the earlier complaint’s conduct, transactions, or occurrences. (d) The United States must prove every essential element, including damages, by a preponderance of the evidence. (e) A final judgment for the United States in a criminal fraud or false-statements case, after trial or a guilty or nolo contendere plea, prevents the defendant from denying essential elements in a same-transaction action under section 3730(a) or (b), despite other law and the criminal-procedure and evidence rules.
A subpena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States.
A civil action under section 3730 may not be brought—
more than 6 years after the date on which the violation of section 3729 is committed, or
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.
If the Government elects to intervene and proceed with an action brought under 3730(b),1 the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim* of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of section 3730.
Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 979; Pub. L. 99–562, § 5, Oct. 27, 1986, 100 Stat. 3158; Pub. L. 111–21, § 4(b), May 20, 2009, 123 Stat. 1623.)
- 1982Enacted · Pub. L. 97-258 · 96 Stat. 979
- 1986Amended · Pub. L. 99-562 · 100 Stat. 3158
- 2009Amended · Pub. L. 111-21 · 123 Stat. 1623
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.
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