If you’re doing business with the government, are you aware of the Wartime Suspension of Limitations Act? The WSLA will not extend the time allowed for a whistleblower to file a civil suit claiming your business committed fraud against the government under the False Claims Act. That will reduce the amount of time your company is exposed to potential claims.
In the case of Kellogg Brown & Root Services Inc. et al. v. United States, one of issues the Supreme Court had to decide was whether the WSLA applied to the time allowed for filing civil suits alleging fraud committed against the government during a time of “war.” The federal government’s military engagements overseas, though not formal declarations of war, have been deemed applicable for purposes of the WSLA. So, plaintiffs filing these suits under the False Claims Act were relying on the WSLA to extend the time in which they could bring their actions.
The Court decided that the WSLA applied only to criminal cases not civil cases, so cases alleging civil fraud – such as whistleblower cases – cannot benefit from the extension of time to file.