When the United States is at war or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)), the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procurement, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war or directly connected with or related to the authorized use of the Armed Forces, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until 5 years after the termination of hostilities as proclaimed by a Presidential proclamation, with notice to Congress, or by a concurrent resolution of Congress.
Definitions of terms in section 103 11 See References in Text note below. of title 41 shall apply to similar terms used in this section. For purposes of applying such definitions in this section, the term “war” includes a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
Notes of Decisions
United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013).
· cites it 28× “The district court also held that Carter’s complaint had been filed beyond the six-year statute of limitations in the FCA and was not tolled by the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287 , which the court ruled does not apply to non- intervened qui tam…”
United States v. Duane Nishiie, 996 F.3d 1013 (9th Cir. 2021).
· cites it 10× “The seven non-conspiracy counts, which were based on alleged activity that occurred prior to September 21, 2012, would be time barred absent a suspension—pursuant to Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287—of the running of the five-year statute of…”
United States v. Wells Fargo Bank, N.A., 972 F. Supp. 2d 593 (S.D.N.Y. 2013).
· cites it 6× “Furthermore, the Wartime Suspension of Limitations Act (the ‘WSLA”), 18 U.S.C. § 3287 , which was amended in 2008, tolled the statute of limitations for any claims that were still live at the time of the amendment.”
United States v. DeLia, 906 F.3d 1212 (10th Cir. 2018).
· cites it 7× “Even so, for two independent reasons, the government argues that the indictment was timely: (1) that the Wartime Suspension of Limitations Act suspended the limitations period from running in this case , see 18 U.S.C. § 3287 ; and (2) that DeLia waived his asserted…”
United States v. Azam Doost, 3 F.4th 432 (D.C. Cir. 2021).
· cites it 5× “683 , 828 (codified as amended at 18 U.S.C. § 3287 ). When the United States is engaged in foreign hostilities, the WSLA tolls the limitations period under three circumstances: for crimes (1) “involving … fraud against the United States,” (2) “committed in connection with the ……”
Weslowski v. Zugibe, 14 F. Supp. 3d 295 (S.D.N.Y. 2014).
· cites it 3× “enacted in 2010, rather than a “borrowed” New York statute of limitations, does after all retroactively apply to the 2009 activity alleged in this case, the Wartime Suspension of Limitations Act ( 18 USC § 3287 [sic]), would, in light of the United States’ current wars in Iraq…”
United States v. Steven Frediana, 790 F.3d 1196 (11th Cir. 2015).
· cites it 3× “The Wartime Suspension of Limitations Act Tolled the Statute of Limitations for Frediani’s Substantive Offenses.”
United States v. BNP Paribas SA, 884 F. Supp. 2d 589 (S.D. Tex. 2012).
· cites it 5× “[WSLA], 18 U.S.C. § 3287 , the statute of limitations on all of the United States’ FCA claims are suspended; (2) the FCA’s three-year tolling provision prevents dismissal of the action; and (3) many of the claims in question fall squarely within the FCA’s six-year limitation…”
Dennis v. United States, 384 U.S. 855 (1966).
· cites it 2× “The question before the Court was whether a prosecution, otherwise time-barred, could be revived by reference to the War-time Suspension of Limitations Act, 18 U. S. C. § 3287 (1964 ed.). The Suspension Act applies to "any offense.”
United States v. Witherspoon, 211 F.2d 858 (6th Cir. 1954).
· cites it 6× “Title 18 U.S.C. § 3287 , in part, provides: “When the United States is at war the running of any statute of limitations applicable to any offense *862 (1) involving fraud or attempted fraud against the United States * * * shall be suspended until three years after the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.