Section 5-11-5.7-2 - Liability for presenting, making, or using false claims, false records or statements, conspiracy(a) A person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;(2) knowingly makes, uses, or causes to be made or used, a false record or statement that is material to a false or fraudulent claim;(3) has possession, custody, or control of property or money used, or to be used, by the state, and knowingly delivers, or causes to be delivered, less than all of the money or property;(4) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the state and, with intent to defraud the state, authorizes issuance of a receipt without knowing that the information on the receipt is true;(5) knowingly buys or receives, as a pledge of an obligation or debt, public property from an employee who is not lawfully authorized to sell or pledge the property;(6) knowingly: (A) makes, uses, or causes to be made or used, a false record or statement concerning an obligation to pay or transmit money or property to the state; or(B) conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state;(7) conspires with another person to perform an act described in subdivisions (1) through (6); or(8) causes or induces another person to perform an act described in subdivisions (1) through (6); is, except as provided in subsection (b), liable to the state for a civil penalty of at least five thousand five hundred dollars ($5,500) and not more than eleven thousand dollars ($11,000), as adjusted by the federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note, Public Law 101-410), and for up to three (3) times the amount of damages sustained by the state. In addition, a person who violates this section is liable to the state for the costs of a civil action brought to recover a penalty or damages.
(b) If the factfinder determines that the person who violated this section: (1) furnished state officials with all information known to the person about the violation not later than thirty (30) days after the date on which the person obtained the information;(2) fully cooperated with the investigation of the violation; and(3) did not have knowledge of the existence of an investigation, a criminal prosecution, a civil action, or an administrative action concerning the violation at the time the person provided information to state officials; the person is liable for a penalty of not less than two (2) times the amount of damages that the state sustained because of the violation. A person who violates this section is also liable to the state for the costs of a civil action brought to recover a penalty or damages.
Amended by P.L. 109-2014, SEC. 3, eff. 7/1/2014.Added by P.L. 197-2013, SEC. 1, eff. 7/1/2013.