Main Content

Issues

TCH Amicus Brief Argues that Wartime Suspension of Limitations Act (WSLA) Is Not Currently in Effect

The Clearing House Association joined the Chamber of Commerce and Pharmaceutical Research & Manufacturers Assoc. in Kellogg Brown & Root Services, Inc. v. U.S. ex rel. Carter, supporting KBR’s petition for Supreme Court review of a decision of the U.S. Court of Appeals for the Fourth Circuit in Richmond. That decision held that the WSLA is currently in effect because of the war in Iraq and applies to any case, civil or criminal, that involves a potential fraud against the federal government, and that WSLA allows the government to continue cases that would normally be time-barred. The government has used the Fourth Circuit’s decision to assert stale claims against banks alleging fraud in mortgage lending programs and involving commodity payment guaranties. The brief argues that the Court should grant the petition so that it can address the negative consequences to U.S businesses that flow from the Fourth Circuit’s decision.