Shaoming Song v. Xavier Becerra, Secretary of Health and Human Services, et al.

The 18 U.S.C. § 1001 Section (a) provides in perti­ nent part: “ . . . whoever, in any matter within the ju­ risdiction of... the Government of the United States, knowingly and willfully (1) falsifies, conceals, or covers up ... a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation . . . shall be fined under this title ...” 29 U.S.C. § 633(a) provides in pertinent part that in the fed­ eral-sector “all personnel actions affecting employees or applicants for employment who are at least 40 years of age ... shall be made free from any discrimination based on age.” The “Rule of Discovery” permits the stat­ ute of limitation to run when a concealed fraud is dis­ covered. See Gabelli v. Sec. & Exch. Common, 568 U.S. 442 (2013). Rule 15(c)(1) of the Federal Rule of Civil Procedures (Fed. R. Civ. Proc.) permits “[a]n amend­ ment to a pleading relates back to the date of the orig­ inal pleading when (A) the law that provides the applicable statute of limitations allows relation back; (B) the amendment asserts a claim or defense that arose out of the conduct... in the original pleading”. A fraud, if concealed and can only be unearthed by discovery, may render its victim’s pleading prior to the discovery implausible due to the unavailability of crit­ ical evidence. While the Rule 15(c)(1) permits amend­ ing an originally inadequate claim within the consent of the statute of limitation, if a fraud discovered during procedure is prohibited from being added into claim as *.