Dr. Keshav S. Joshi (Dr. Joshi) brought a qui tam action against St. Luke’s Hospital, Inc. (St.Luke’s), and Dr. Mohammed Bashiti (Dr. Bashiti), St. Luke’s chief of anesthesiology, pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733. Dr. Joshi’s complaint alleges that *554 from 1989 to the present, St. Luke’s and Dr. Bashiti submitted and conspired to submit false claims to the government seeking payment for anesthesia services, medical supplies, and prescriptions. The district court 1 granted St. Luke’s and Dr. Bashiti’s motion to dismiss for failure to plead fraud with particularity under Federal Rule of Civil Procedure 9(b). The court also denied Dr. Joshi’s motion to amend the complaint, concluding the proposed amendments described incidents that fell outside the statute of limitations period and did not cure the complaint’s deficiencies. Dr. Joshi appeals. Finding no error, we affirm.
I. BACKGROUND
In April 2004, Dr. Joshi, an anesthesiologist who practiced from 1989 to 1996 at St. Luke’s, brought a qui tarn action under the FCA against St. Luke’s and Dr. Bashi-ti, alleging violations of 31 U.S.C. § 3729(a)(1) and (a)(3). In his complaint, Dr. Joshi asserts “he is an ‘original source’ who has direct and independent knowledge of the information” on which his allegations are based. In Count I, Dr. Joshi alleges St. Luke’s requested and received Medicare reimbursement from the government for anesthesia services performed by Dr. Bashiti at the reimbursement rate for medical direction of anesthesia services, when St. Luke’s was entitled only to the lower reimbursement rate for medical supervision or no reimbursement at all. Dr. Joshi alleges Dr. Bashiti failed both to perform pre-anesthetic evaluations and prescribe anesthesia plans, and Dr. Bashiti falsely certified he supervised or directed the work of several certified registered nurse anesthetists (CRNAs). Dr. Joshi further alleges in Count I St. Luke’s sought reimbursement for supervised CRNA work, when in fact such work was unsupervised, in violation of Missouri state law.
In Count II, Dr. Joshi alleges St. Luke’s knowingly submitted false claims to the government for services that were not performed and for supplies that were not provided. The complaint alleges “St. Luke’s would bill Medicaid and Medicare for an entire box of supplies or an entire prescription, while using only a small portion of said supplies/prescription on the Medicaid/Medicare patient for whom said supplies and prescriptions were billed.”
Both counts allege the existence of a conspiracy between “[St. Luke’s and Dr. Bashiti], each of them and/or their employees and agents ... for the purpose of defrauding the United States in violation of 31 U.S.C. § 3729(a)(3) with an intent to increase their pecuniary gain.” However, Dr. Joshi’s complaint does not identify specifically the date, amount, or content of, or the persons involved in making, any false claims submitted by St. Luke’s. Nor does the complaint specify the dates on which supplies or prescriptions were used or billed, the patients who received the supplies or prescriptions, or the type of supplies or prescriptions involved in the alleged fraudulent scheme. Rather, Dr. Jo-shi alleges “St. Luke’s had all the work done by the CRNAs and Dr. Bashiti assigned to itself,” and “[t]he medical bills to the government sufficiently identify the time, place, and content of the fraudulent representations.”
St. Luke’s and Dr. Bashiti filed a motion to dismiss the complaint for failure to plead fraud with particularity under Rule 9(b). Dr. Joshi opposed the motion, and, *555 alternatively, sought leave to amend the complaint by adding specific allegations of fraud. Dr. Joshi proposed to amend Count I by adding a table summarizing anesthesia services performed on four days in November 1995 by CRNAs and Dr. Bashiti at St. Luke’s. The table and accompanying allegations indicate the time, surgeon, patient initials, and CRNA who performed anesthesia services. Dr. Joshi alleges this proposed amendment establishes the anesthesia services performed by CRNAs were unsupervised by Dr. Bashiti because Dr. Bashiti performed anesthesia services at the same time on other patients, and Dr. Bashiti falsely certified he either directed or supervised the CRNA work. With regard to Count II, Dr. Joshi, based on “information and belief,” proposed to add a table summarizing medications issued to seven patients (identified by their initials) during six days in November 1995. The table and accompanying allegations indicate the patients were administered a particular quantity of medicine and St. Luke’s billed the government for a quantity greater than the amount actually administered.
The district court granted St. Luke’s and Dr. Bashiti’s motion to dismiss, concluding the complaint failed to satisfy Rule 9(b)’s particularity requirement and failed to give St. Luke’s and Dr. Bashiti notice of the alleged misconduct to allow them to defend properly against the charge. The court reasoned, “Without any allegations about who specifically participated in these claims and how and when the claims were submitted, [St. Luke’s and Dr. Bashiti] are unable to marshal a defense.” The court also denied Dr. Joshi’s request for leave to amend the complaint, finding Dr. Joshi’s claims with new November 1995 data were barred by the applicable six-year statute of limitations 2 and did not cure the deficiencies of Dr. Joshi’s original complaint.
Dr. Joshi appeals, arguing the district court erred in (1) dismissing his complaint, because Joshi satisfied Rule 9(b)’s particularity requirement by alleging each and every invoice for CRNA work was fraudulent; (2) denying Dr. Joshi leave to amend the complaint, because the proposed amendments are timely and would not have been futile; and (3) refusing to allow Dr. Joshi to conduct discovery necessary to satisfy Rule 9(b), because the facts of St. Luke’s and Dr. Bashiti’s fraudulent conduct are uniquely within the control of St. Luke’s and Dr. Bashiti.
II. DISCUSSION
A. Standard of Review
The issues raised in this appeal are governed by two standards of review. First, we review de novo the district court’s order granting the motion to dismiss, accepting the allegations contained in the complaint as true and drawing all reasonable inferences in favor of the nonmoving party.
Coons v. Mineta,
B. Dismissal of Complaint
Dr. Joshi’s complaint alleges violations of the FCA, particularly 31 U.S.C. § 3729(a)(1) and (a)(3), which subjects to civil liability entities that knowingly submit or conspire to submit false claims to the government for payment or approval.
See, e.g., Corsello v. Lincare, Inc.,
After taking the allegations contained in Dr. Joshi’s complaint as true and drawing all reasonable inferences in his favor, we agree with the district court, Dr. Joshi failed to allege with any specificity the particular circumstances constituting St. Luke’s and Dr. Bashiti’s alleged fraudulent conduct. Absent from the complaint are any mention of (1) the particular CRNAs who allegedly performed patient care and administered anesthesia services unsupervised, (2) when Dr. Bashiti falsely claimed to have supervised or directed CRNAs, (3) who was involved in the fraudulent billing aspect of the conspiracy, (4) what services were provided and to which patients the services were provided, (5) what the content was of the fraudulent claims, (6) what supplies or prescriptions were fraudulently billed and to which patients the supplies or prescriptions were provided, (7) what dates the defendants allegedly submitted the false claims to the government, (8) what monies were fraudulently obtained as a result of any transaction, or (9) how Dr. Joshi, an anesthesiologist, learned of the alleged fraudulent claims and their submission for payment. Simply put, the complaint fails to identify specifically the “who, what, where, when, and how” of the alleged fraud.
Notwithstanding these deficiencies, Dr. Joshi contends his complaint satisfies Rule 9(b)’s particularity requirement by his allegations that “all the nurse anesthetists’ work was illegal,” and that “every invoice for nurse anesthetist work was fraudulent because no nurse anesthetist was medically supervised or directed.” In support of this argument, Dr. Joshi points to paragraph eighteen of the complaint, which states “St. Luke’s had all the work done by the CRNAs and Dr. Bashiti assigned to itself.” Such an argument fails for two reasons. First, Dr. Joshi advances a
post hoc
interpretation that is unsupported by the complaint’s generalized and vague language. If it is Dr. Joshi’s position his
*557
complaint put St. Luke’s and Dr. Bashiti on notice Dr. Joshi was alleging “every” claim for anesthesia services was fraudulent, we respectfully disagree. Second, assuming
arguendo
the complaint can be interpreted to have alleged “every” claim was fraudulent, Rule 9(b) requires more than such conclusory and generalized allegations.
See Schaller,
We find persuasive the Eleventh Circuit’s reasoning in
Corsello v. Lincare, Inc.,
We fully recognize Dr. Joshi alleges a systematic practice of St. Luke’s and Dr. Bashiti submitting and conspiring to submit fraudulent claims over a sixteen-year period. Clearly, neither this court nor Rule 9(b) requires Dr. Joshi to allege specific details of every alleged fraudulent claim forming the basis of Dr. Joshi’s complaint. However, to satisfy Rule 9(b)’s particularity requirement and to enable St. Luke’s and Dr. Bashiti to respond specifically to Dr. Joshi’s allegations, Dr. Joshi must provide some representative examples of their alleged fraudulent conduct, specifying the time, place, and content of their acts and the identity of the actors. Dr. Joshi’s complaint is void of a single, specific instance of fraud, much less any representative examples. Thus, the district court properly dismissed Dr. Joshi’s complaint for failure to comply with Rule 9(b).
C. Denial of Request for Leave to Amend the Complaint
Under Federal Rule of Civil Procedure 15(a), a court should grant leave to amend freely “when justice so requires.” However, “denial of leave to amend may be justified by undue delay, bad faith on the part of the moving party, futility of the amendment or unfair prejudice to the opposing party.” United States ex rel. Gaudineer & Comito, L.L.P. v. Iowa, 269 F.3d *558 932, 936 (8th Cir.2001) (internal quotation omitted).
In denying Dr. Joshi’s motion for leave to amend the complaint on the basis of futility, the district court held Dr. Joshi’s proposed amendments did not cure the complaint’s deficiencies because St. Luke’s and Dr. Bashiti were “still forced to speculate as to names of patients, supplies, prescriptions, and claims over a sixteen-year period to determine what activity allegedly violate[d] the FCA.” The district court also held that because the specific instances of fraud cited by Dr. Joshi all occurred in November 1995 and Dr. Joshi failed to tie the allegations into a continuous pattern of conduct by St. Luke’s and Dr. Bashiti, the six-year statute of limitations barred the additional claims. On appeal, Dr. Joshi contends the district court erred in denying his motion, arguing the proposed amendments are timely and would not have been futile. We reject both contentions.
First, Dr. Joshi’s proposed amendments do not eliminate the complaint’s deficiencies. Neither proposed amendment indicates Dr. Joshi’s basis for knowledge concerning the alleged submission of fraudulent claims, and the amendments thus lack sufficient “indicia of reliability” to satisfy Rule 9(b).
See Corsello,
Second, the proposed amendments are untimely. Dr. Joshi filed his complaint in the present action in April 2004. We agree again with the district court. Dr. Joshi failed to tie his additional allegations, which allege specific instances of fraud occurring in November 1995, into a continuous pattern of conduct, and the proposed amendments are barred by the applicable six-year statute of limitations.
See
31 U.S.C. § 3731(b)(1). Furthermore, the three-year tolling provision of 31 U.S.C. § 3731(b)(2) does not alter our conclusion. Section 3731(b)(2) provides an action under the FCA may not be brought “more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances.” Dr. Joshi did not specifically argue the applicability of § 3731(b)(2) before the district court,
3
and we therefore need not consider this argument.
See Wever v.
*559
Lincoln County, Neb.,
However, in short, we are satisfied Dr. Joshi’s belated argument on the applicability of § 3731(b)(2) lacks merit. Dr. Joshi alleged he is an “original source” of the complaint’s allegations, he worked at St. Luke’s only until January 1996, and Dr. Joshi’s staff position is the sole basis alleged for his knowledge of the fraudulent billing. Assuming, without deciding, § 3731(b)(2) applies to a private individual where the government declines to intervene, Dr. Joshi’s allegations support a conclusion he was aware of the alleged FCA violations well before April 2001, more than three years before suit was filed. Thus, we conclude the district court did not err in denying Dr. Joshi’s motion for leave to amend the complaint.
D. Refusal to Permit Discovery or Relax Rule 9(b)’s Particularity Requirement
Finally, Dr. Joshi argues the district court erred in not permitting him to conduct discovery in order to satisfy Rule 9(b)’s pleading requirements. Although Dr. Joshi couches his argument in terms of a discovery request, we view his argument more generally as a request to relax Rule 9(b)’s pleading requirements by allowing him to plead his complaint generally at the outset and to “fill in the blanks” following discovery.
The issue of whether to relax Rule 9(b)’s pleading requirements for complaints brought under the FCA and to permit early discovery is one of first impression in this circuit. “[S]ome courts have recognized in theory that the particularity requirements of Rule 9(b) may be relaxed in an FCA
qui tam
action where the information relevant to the fraud is ‘peculiarly within the perpetrator’s knowledge.’ ”
United States ex rel. Karvelas v. Melrose-Wakefield Hosp.,
Furthermore, the FCA requires a
qui tam
relator to serve a copy of the complaint on the government and disclose all material evidence and information known
*560
to the relator in order to allow the government to decide whether or not to intervene. 31 U.S.C. § 3730(b)(2). “[AJllowing a qui tam relator to amend his or her complaint after conducting further discovery would mean that the government will have been compelled to decide whether or not to intervene absent complete information about the relator’s cause of action.”
Karvelas,
Dr. Joshi contends a relaxed pleading standard is appropriate in cases such as this where the fraudulent scheme was complex, the fraudulent conduct took place over a long period of time, and information concerning the alleged fraud is uniquely within the defendants’ control. While we recognize the difficult burden Dr. Joshi bears in constructing his complaint, we decline to adopt Dr. Joshi’s position. As the district court noted, Dr. Joshi’s argument conflicts with his allegation he is an “original source” of St. Luke’s and Dr. Bashiti’s alleged fraudulent conduct.
See
31 U.S.C. § 3730(e)(4)(B) (stating a person is an “original source” when he “has direct and independent knowledge of the information” forming the basis of the allegations);
United States ex rel. Kinney v. Stoltz,
Concededly, the nature of Dr. Joshi’s position with St. Luke’s as an anesthesiologist, rather than as a member of St. Luke’s billing or claims department, may not have made him privy to certain details relevant to his complaint and helpful to satisfying Rule 9(b). However, “while an insider might have an easier time obtaining information about billing practices and meeting the pleading requirements under the [FCA], neither the Federal Rules nor the [FCA] offer any special leniency under these particular circumstances to justify [Dr. Joshi] failing to allege with the required specificity the circumstances of the fraudulent conduct he asserts in his action.”
4
See Clausen,
III. CONCLUSION
Agreeing with the district court, for the reasons stated, we affirm the judgment of the district court.
Notes
. The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri.
. Under 31 U.S.C. § 3731(b)(1), complaints alleging violations of the FCA may not be brought "more than 6 years after the date on which the violation ... is committed.” Dr. Joshi filed his complaint in April 2004. Violations occurring before April 1998 are barred.
. In response to Dr. Joshi's proposed amendments to the complaint, St. Luke's raised before the district court the statute of limitations issue in its reply memorandum, arguing Dr. Joshi’s November 1995 allegations fell outside the six-year limitations period set forth in § 3731(b)(1). Dr. Joshi then filed a surreply, arguing (erroneously) St. Luke's waived any argument regarding the limitations period by filing a motion to dismiss for failure to plead fraud with particularity, as opposed to a motion to dismiss on statute of limitations grounds. Dr. Joshi did not argue the proposed amendment fell within the limitations period pursuant to § 3731(b)(2), and thus argues the applicability of § 3731(b)(2) for the first time before this court.
. In support of his argument, Dr. Joshi points to
Emery v. American General Finance. Inc.,
