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Statute of Limitations Runs from Receipt of Auditable Information

Client Alert | 1 min read | 04.04.12

The six-year statute of limitations on contract claims begins to run when either party's cause of action "accrues," defined in FAR 33.201 as "the date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known." Several prior decisions have held that a government claim accrued no later than the date on which it is identified and quantified in an audit report, but in Raytheon Co. v. U.S. (Apr. 02, 2012), the Court of Federal Claims held that the government claim had accrued, not when the costs at issue were first audited (2003), but instead when Raytheon submitted to the government all of the information that was needed to audit the costs and assert a claim (1999).

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....

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