Prosecutors, judges, and defense lawyers know that the statute of limitations for almost all federal crimes is five years. 18 U.S.C. § 3282(a). Yet the government can file an indictment (or, under Federal Rule of Criminal Procedure 7(b), institute an information with the defendant's consent) within those five years, and then dismiss and refile that same indictment or information years later—thereby tolling the statute of limitations in a criminal case.

Whether the five-year statute of limitations for federal crimes begins to run from the date of the last overt act in a criminal conspiracy or from the date of the last substantive offense