
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3731]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                           CHAPTER 37--CLAIMS
 
       SUBCHAPTER III--CLAIMS AGAINST THE UNITED STATES GOVERNMENT
 
Sec. 3731. False claims procedure

    (a) 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.
    (b) A civil action under section 3730 may not be brought--
        (1) more than 6 years after the date on which the violation of 
    section 3729 is committed, or
        (2) 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.
    (c) 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.
    (d) 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.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 979; Pub. L. 99-562, Sec. 5, 
Oct. 27, 1986, 100 Stat. 3158.)

                                          Historical and Revision Notes
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---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
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---------------------------------
3731(a)..............................  31:232(F).                      R.S. Sec
.  3491(F); added Nov. 2, 1978,
                                                                        Pub. L.
 95-582, Sec.  1, 92 Stat. 2479.
3731(b)..............................  31:235.                         R.S. Sec
.  3494.
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---------------------------------

    In subsection (b), the words ``A civil action under section 3730 of 
this title'' are substituted for ``Every such suit'' for clarity.

                       References in Text

    The Federal Rules of Criminal Procedure, referred to in subsec. (d), 
are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
    The Federal Rules of Evidence, referred to in subsec. (d), are set 
out in the Appendix to Title 28, Judiciary and Judicial Procedure.


                               Amendments

    1986--Subsecs. (b) to (d). Pub. L. 99-562 added subsecs. (b) to (d) 
and struck out former subsec. (b) which read as follows: ``A civil 
action under section 3730 of this title must be brought within 6 years 
from the date the violation is committed.''

                  Section Referred to in Other Sections

    This section is referred to in section 3733 of this title; title 15 
sections 637, 657a; title 42 section 1395i.
