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In The Courts

By ALM Staff | Law Journal Newsletters |
March 01, 2004

The Tenth Circuit Holds that Offenses Under the Major Fraud Act Are Not “Continuing” for Statute of Limitations Purposes

In United States v. Reitmeyer, 2004 WL 206319 (10th Cir. Feb. 4, 2004), the Tenth Circuit considered whether charges filed against a well driller had been timely filed under the Major Fraud Act. 18 U.S.C. ' 1031(a). The defendants had filed a claim against the United States for cost overruns, purportedly incurred because the Army Corps of Engineers had misrepresented the geological conditions the company would face. The government subsequently charged that defendants had been on full notice of the conditions and intentionally withheld a report to that effect when it filed the claim for compensation.

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