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The V&E Report
Insights in Government Enforcement and Investigations

SEC Enforcement Report Signals Increased Enforcement, Lingering Limitations from Kokesh

Last week on November 6, 2019, the SEC Enforcement Division released its annual report on the Commission’s enforcement activities for the fiscal year. This article discusses prominent takeaways from the report, and what these and other findings mean for companies under the SEC’s jurisdiction.

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Supreme Court Extends the Statute of Limitations for Claims by Relators

The Supreme Court’s recent decision in Cochise Consultancy Inc. v. United States, ex rel. Hunt,1 has altered the landscape for False Claims Act (FCA) claims by expanding the period for private-party relators to bring FCA lawsuits. Under the Court’s unanimous decision in Cochise, relators can now file a complaint either six years after an FCA violation or three years after the facts of the false claim are known or reasonably should have been known by the government, up to a maximum of ten years after the date of the violation.

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