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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I wrote a question earlier and received an answer. The question

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I wrote a question earlier and received an answer. The question I asked was what is the Statute of Limitations for falsification of information on a government contract. The answer I recieved from one of your experts was - 7 years for criminal and 1 year for civil and that discovery was irelevant. This was good news. I want to ask the question a different way just to make sure I understand. What is Statute of Limitations for falsification of information while working on a government contract as a government contractor. I'm worried about something that may apply that happened 18 to 20 years ago.



the statute of limitiations is 7 years - and given that a fraud may have been committed some 20 years ago, it would be nearly impossible to bring charges even if an extention was granted for the statute of limitations based on the discovery of the crime and not the occurence date - if that were to happen, then it could be argued that the SOL has expired in bringing this matter forward - there are exceptions to SOL beginning at the date of an offense - but they can be argued there is a lack of witnesses, evidence because so much time has passed


courts generally would rule in favor of an expired statute of limitations - but it must be raised as an issue - the court will not make the call without a motion to dismiss the matter based on the charging deadline being expired




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and let me be clear that USC Title 18 does state 7 years for commencement but it fully states any additional time otherwise allowed by law - this means it can be argued that discovery of the crime is key for the statute of limitations to commence




(f) A prosecution of an offense under this section may be commenced any time not later than 7 years after the offense is committed, plus any additional time otherwise allowed by law.

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