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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20400
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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Do you know what FAR is relate to 18 U.S.C. 1001, where a contractor

Customer Question

Do you know what FAR is relate to 18 U.S.C. 1001, where a contractor made false statements to deceive the government during a procurement?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Fran-mod replied 4 years ago.

I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 4 years ago.

No I found the answer to my question but have another question. What are the statutes of limitation of the Lanham Act? and what is the burden of proof needed to determine when you first discovered a violation of the Lanham Act.

Expert:  Fran-mod replied 4 years ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Marsha411JD replied 4 years ago.

Your question was referred to me to see if I might be able to assist you. Can you tell me in what State this alleged fraudulent activity occurred? Also, just to be clear, when there is an issue as to whether or not the statute of limitations have been tolled, only a court of law will be able to resolve the issue after evaluating the evidence presented by both parties. But in any event, if you tell me the State where this occurred, I can discuss the statute and what the court will consider in terms of tolling the statute.
Customer: replied 4 years ago.


Expert:  Marsha411JD replied 4 years ago.
Hello again and thank you for the additional information. Since the Lanham Act does not have its own statute of limitations, under the Federal Rules of Civil Procedure the courts look to the SOL law of the State where the alleged illegal acts occurred and use the SOL for the type of unlawful act that is nearest to what is being alleged. If fraud is being alleged, then the SOL in Colorado is 3 years. The "discovery" rule that could act to extend the 3 years essentially states that the SOL period runs from when the plaintiff knew, or should have known, that there was a cause of action. The facts would have to show that there was fraudulent concealment on the part of the defendant that led the prospective plaintiff to reasonably believe that there was no fraud. Silence or passive conduct on the part of the defendant is not fraudulent. So, the key is whether the plaintiff could have reasonably discovered the fraud prior to the running of the statute of limitations.

Please let me know if you need any clarification. I would be glad to assist you further if I can.