State Codes and Statutes

Statutes > Illinois > Chapter740 > 2058

    (740 ILCS 175/1)(from Ch. 127, par. 4101)
    Sec. 1. This Act may be cited as the Illinois False Claims Act.
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/2)(from Ch. 127, par. 4102)
    Sec. 2. Definitions. As used in this Act:
    (a) "State" means the State of Illinois; any agency of State government; the system of State colleges and universities, any school district, community college district, county, municipality, municipal corporation, unit of local government, and any combination of the above under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement.
    (b) "Guard" means the Illinois National Guard.
    (c) "Investigation" means any inquiry conducted by any investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act.
    (d) "Investigator" means a person who is charged by the Attorney General or the Department of State Police with the duty of conducting any investigation under this Act, or any officer or employee of the State acting under the direction and supervision of the Attorney General or the Department of State Police, through the Division of Operations or the Division of Internal Investigation, in the course of an investigation.
    (e) "Documentary material" includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery.
    (f) "Custodian" means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1) of Section 6.
    (g) "Product of discovery" includes:
        (1) the original or duplicate of any deposition,
    interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;
        (2) any digest, analysis, selection, compilation, or
    derivation of any item listed in paragraph (1); and
        (3) any index or other manner of access to any item
    listed in paragraph (1).
(Source: P.A. 95‑128, eff. 1‑1‑08; 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/3)(from Ch. 127, par. 4103)
    Sec. 3. False claims.
    (a) Liability for certain acts.
        (1) In general, any person who:
            (A) knowingly presents, or causes to be
        presented, a false or fraudulent claim for payment or approval;
            (B) knowingly makes, uses, or causes to be made
        or used, a false record or statement material to a false or fraudulent claim;
            (C) conspires to commit a violation of
        subparagraph (A), (B), (D), (E), (F), or (G);
            (D) 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 the money or property ;
            (E) is authorized to make or deliver a document
        certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
             (F) knowingly buys, or receives as a pledge of an
        obligation or debt, public property from an officer or employee of the State, or a member of the Guard, who lawfully may not sell or pledge property; or
            (G) knowingly makes, uses, or causes to be made
        or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State,
    is liable to the State for a civil penalty of not less
    than $5,500 and not more than $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person. The penalties in this Section are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct.
        (2) A person violating this subsection shall also be
    liable to the State for the costs of a civil action brought to recover any such penalty or damages.
    (b) Definitions. For purposes of this Section:
        (1) The terms "knowing" and "knowingly":
            (A) mean that a person, with respect to
        information:
                (i) has actual knowledge of the information;
                (ii) acts in deliberate ignorance of the
            truth or falsity of the information; or
                (iii) acts in reckless disregard of the truth
            or falsity of the information, and
            (B) require no proof of specific intent to
        defraud.
        (2) The term "claim":
            (A) means any request or demand, whether under a
        contract or otherwise, for money or property and whether or not the State has title to the money or property, that
                (i) is presented to an officer, employee, or
            agent of the State; or
                (ii) is made to a contractor, grantee, or
            other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest, and if the State:
                    (I) provides or has provided any portion
                of the money or property requested or demanded; or
                    (II) will reimburse such contractor,
                grantee, or other recipient for any portion of the money or property which is requested or demanded; and
            (B) does not include requests or demands for
        money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.
        (3) The term "obligation" means an established duty,
    whether or not fixed, arising from an express or implied contractual, grantor‑grantee, or licensor‑licensee relationship, from a fee‑based or similar relationship, from statute or regulation, or from the retention of any overpayment.
        (4) The term "material" means having a natural
    tendency to influence, or be capable of influencing, the payment or receipt of money or property.
    (c) Exclusion. This Section does not apply to claims, records, or statements made under the Illinois Income Tax Act.
(Source: P.A. 95‑128, eff. 1‑1‑08; 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/4)(from Ch. 127, par. 4104)
    Sec. 4. Civil actions for false claims.
    (a) Responsibilities of the Attorney General and the Department of State Police. The Attorney General or the Department of State Police shall diligently investigate a civil violation under Section 3. If the Attorney General finds that a person violated or is violating Section 3, the Attorney General may bring a civil action under this Section against the person.
    The State shall receive an amount for reasonable expenses that the court finds to have been necessarily incurred by the Attorney General, including reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
    (b) Actions by private persons.
        (1) A person may bring a civil action for a violation
    of Section 3 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
        (2) A copy of the complaint and written disclosure of
    substantially all material evidence and information the person possesses shall be served on the State. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.
        (3) The State may, for good cause shown, move the
    court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this Section until 20 days after the complaint is unsealed and served upon the defendant.
        (4) Before the expiration of the 60‑day period or any
    extensions obtained under paragraph (3), the State shall:
            (A) proceed with the action, in which case the
        action shall be conducted by the State; or
            (B) notify the court that it declines to take
        over the action, in which case the person bringing the action shall have the right to conduct the action.
        (5) When a person brings an action under this
    subsection (b), no person other than the State may intervene or bring a related action based on the facts underlying the pending action.
    (c) Rights of the parties to Qui Tam actions.
        (1) If the State proceeds with the action, it shall
    have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).
        (2)(A) The State may dismiss the action
    notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
        (B) The State may settle the action with the
    defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
        (C) Upon a showing by the State that unrestricted
    participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the State's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as:
            (i) limiting the number of witnesses the person
        may call:
            (ii) limiting the length of the testimony of such
        witnesses;
            (iii) limiting the person's cross‑examination of
        witnesses; or
            (iv) otherwise limiting the participation by the
        person in the litigation.
        (D) Upon a showing by the defendant that unrestricted
    participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
        (3) If the State elects not to proceed with the
    action, the person who initiated the action shall have the right to conduct the action. If the State so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the State's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the State to intervene at a later date upon a showing of good cause.
        (4) Whether or not the State proceeds with the
    action, upon a showing by the State that certain actions of discovery by the person initiating the action would interfere with the State's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60‑day period upon a further showing in camera that the State has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
        (5) Notwithstanding subsection (b), the State may
    elect to pursue its claim through any alternate remedy available to the State, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this Section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this Section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
    (d) Award to Qui Tam plaintiff.
        (1) If the State proceeds with an action brought by a
    person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15% but not more than 25% of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10% of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph (1) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. The State shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred by the Attorney General, including reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
        (2) If the State does not proceed with an action
    under this Section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25% and not more than 30% of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
        (3) Whether or not the State proceeds with the
    action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 3 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection (d), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of Section 3, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the State to continue the action, represented by the Attorney General.
        (4) If the State does not proceed with the action and
    the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
    (e) Certain actions barred.
        (1) No court shall have jurisdiction over an action
    brought by a former or present member of the Guard under subsection (b) of this Section against a member of the Guard arising out of such person's service in the Guard.
        (2)(A) No court shall have jurisdiction over an
    action brought under subsection (b) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the State when the action was brought.
        (B) For purposes of this paragraph (2), "exempt
    official" means any of the following officials in State service: directors of departments established under the Civil Administrative Code of Illinois, the Adjutant General, the Assistant Adjutant General, the Director of the State Emergency Services and Disaster Agency, members of the boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.
        (3) In no event may a person bring an action under
    subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.
        (4)(A) No court shall have jurisdiction over an
    action under this Section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.
        (B) For purposes of this paragraph (4), "original
    source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the State before filing an action under this Section which is based on the information.
    (f) State not liable for certain expenses. The State is not liable for expenses which a person incurs in bringing an action under this Section.
    (g) Relief from retaliatory actions.
        (1) In general, any employee, contractor, or agent is
    entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the employee, contractor, or agent or associated others in furtherance of other efforts to stop one or more violations of this Act.
        (2) Relief under paragraph (1) shall include
    reinstatement with the seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection (g) may be brought in the appropriate circuit court for the relief provided in this subsection (g).
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/5)(from Ch. 127, par. 4105)
    Sec. 5. False claims procedure.
    (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Section 4 of this Act may be served at any place in the State.
    (b) A civil action under Section 4 may not be brought:
        (1) more than 6 years after the date on which the
    violation of Section 3 is committed, or
        (2) 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 State charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
    (c) If the State elects to intervene and proceed with an action brought under subsection (b) of Section 4, the State may file its own complaint or amend the complaint of a person who has brought an action under subsection (b) of Section 4 to clarify or add detail to the claims in which the State is intervening and to add any additional claims with respect to which the State contends it is entitled to relief. For statute of limitations purposes, any such State pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
    (d) In any action brought under Section 4, the State shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
    (e) Notwithstanding any other provision of law, a final judgement rendered in favor of the State in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Section 4.
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/6)(from Ch. 127, par. 4106)
    Sec. 6. Subpoenas.

State Codes and Statutes

Statutes > Illinois > Chapter740 > 2058

    (740 ILCS 175/1) (from Ch. 127, par. 4101)
    Sec. 1. This Act may be cited as the Illinois False Claims Act.
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/2)(from Ch. 127, par. 4102)
    Sec. 2. Definitions. As used in this Act:
    (a) "State" means the State of Illinois; any agency of State government; the system of State colleges and universities, any school district, community college district, county, municipality, municipal corporation, unit of local government, and any combination of the above under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement.
    (b) "Guard" means the Illinois National Guard.
    (c) "Investigation" means any inquiry conducted by any investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act.
    (d) "Investigator" means a person who is charged by the Attorney General or the Department of State Police with the duty of conducting any investigation under this Act, or any officer or employee of the State acting under the direction and supervision of the Attorney General or the Department of State Police, through the Division of Operations or the Division of Internal Investigation, in the course of an investigation.
    (e) "Documentary material" includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery.
    (f) "Custodian" means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1) of Section 6.
    (g) "Product of discovery" includes:
        (1) the original or duplicate of any deposition,
    interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;
        (2) any digest, analysis, selection, compilation, or
    derivation of any item listed in paragraph (1); and
        (3) any index or other manner of access to any item
    listed in paragraph (1).
(Source: P.A. 95‑128, eff. 1‑1‑08; 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/3)(from Ch. 127, par. 4103)
    Sec. 3. False claims.
    (a) Liability for certain acts.
        (1) In general, any person who:
            (A) knowingly presents, or causes to be
        presented, a false or fraudulent claim for payment or approval;
            (B) knowingly makes, uses, or causes to be made
        or used, a false record or statement material to a false or fraudulent claim;
            (C) conspires to commit a violation of
        subparagraph (A), (B), (D), (E), (F), or (G);
            (D) 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 the money or property ;
            (E) is authorized to make or deliver a document
        certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
             (F) knowingly buys, or receives as a pledge of an
        obligation or debt, public property from an officer or employee of the State, or a member of the Guard, who lawfully may not sell or pledge property; or
            (G) knowingly makes, uses, or causes to be made
        or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State,
    is liable to the State for a civil penalty of not less
    than $5,500 and not more than $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person. The penalties in this Section are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct.
        (2) A person violating this subsection shall also be
    liable to the State for the costs of a civil action brought to recover any such penalty or damages.
    (b) Definitions. For purposes of this Section:
        (1) The terms "knowing" and "knowingly":
            (A) mean that a person, with respect to
        information:
                (i) has actual knowledge of the information;
                (ii) acts in deliberate ignorance of the
            truth or falsity of the information; or
                (iii) acts in reckless disregard of the truth
            or falsity of the information, and
            (B) require no proof of specific intent to
        defraud.
        (2) The term "claim":
            (A) means any request or demand, whether under a
        contract or otherwise, for money or property and whether or not the State has title to the money or property, that
                (i) is presented to an officer, employee, or
            agent of the State; or
                (ii) is made to a contractor, grantee, or
            other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest, and if the State:
                    (I) provides or has provided any portion
                of the money or property requested or demanded; or
                    (II) will reimburse such contractor,
                grantee, or other recipient for any portion of the money or property which is requested or demanded; and
            (B) does not include requests or demands for
        money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.
        (3) The term "obligation" means an established duty,
    whether or not fixed, arising from an express or implied contractual, grantor‑grantee, or licensor‑licensee relationship, from a fee‑based or similar relationship, from statute or regulation, or from the retention of any overpayment.
        (4) The term "material" means having a natural
    tendency to influence, or be capable of influencing, the payment or receipt of money or property.
    (c) Exclusion. This Section does not apply to claims, records, or statements made under the Illinois Income Tax Act.
(Source: P.A. 95‑128, eff. 1‑1‑08; 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/4)(from Ch. 127, par. 4104)
    Sec. 4. Civil actions for false claims.
    (a) Responsibilities of the Attorney General and the Department of State Police. The Attorney General or the Department of State Police shall diligently investigate a civil violation under Section 3. If the Attorney General finds that a person violated or is violating Section 3, the Attorney General may bring a civil action under this Section against the person.
    The State shall receive an amount for reasonable expenses that the court finds to have been necessarily incurred by the Attorney General, including reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
    (b) Actions by private persons.
        (1) A person may bring a civil action for a violation
    of Section 3 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
        (2) A copy of the complaint and written disclosure of
    substantially all material evidence and information the person possesses shall be served on the State. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.
        (3) The State may, for good cause shown, move the
    court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this Section until 20 days after the complaint is unsealed and served upon the defendant.
        (4) Before the expiration of the 60‑day period or any
    extensions obtained under paragraph (3), the State shall:
            (A) proceed with the action, in which case the
        action shall be conducted by the State; or
            (B) notify the court that it declines to take
        over the action, in which case the person bringing the action shall have the right to conduct the action.
        (5) When a person brings an action under this
    subsection (b), no person other than the State may intervene or bring a related action based on the facts underlying the pending action.
    (c) Rights of the parties to Qui Tam actions.
        (1) If the State proceeds with the action, it shall
    have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).
        (2)(A) The State may dismiss the action
    notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
        (B) The State may settle the action with the
    defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
        (C) Upon a showing by the State that unrestricted
    participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the State's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as:
            (i) limiting the number of witnesses the person
        may call:
            (ii) limiting the length of the testimony of such
        witnesses;
            (iii) limiting the person's cross‑examination of
        witnesses; or
            (iv) otherwise limiting the participation by the
        person in the litigation.
        (D) Upon a showing by the defendant that unrestricted
    participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
        (3) If the State elects not to proceed with the
    action, the person who initiated the action shall have the right to conduct the action. If the State so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the State's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the State to intervene at a later date upon a showing of good cause.
        (4) Whether or not the State proceeds with the
    action, upon a showing by the State that certain actions of discovery by the person initiating the action would interfere with the State's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60‑day period upon a further showing in camera that the State has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
        (5) Notwithstanding subsection (b), the State may
    elect to pursue its claim through any alternate remedy available to the State, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this Section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this Section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
    (d) Award to Qui Tam plaintiff.
        (1) If the State proceeds with an action brought by a
    person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15% but not more than 25% of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10% of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph (1) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. The State shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred by the Attorney General, including reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
        (2) If the State does not proceed with an action
    under this Section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25% and not more than 30% of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
        (3) Whether or not the State proceeds with the
    action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 3 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection (d), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of Section 3, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the State to continue the action, represented by the Attorney General.
        (4) If the State does not proceed with the action and
    the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
    (e) Certain actions barred.
        (1) No court shall have jurisdiction over an action
    brought by a former or present member of the Guard under subsection (b) of this Section against a member of the Guard arising out of such person's service in the Guard.
        (2)(A) No court shall have jurisdiction over an
    action brought under subsection (b) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the State when the action was brought.
        (B) For purposes of this paragraph (2), "exempt
    official" means any of the following officials in State service: directors of departments established under the Civil Administrative Code of Illinois, the Adjutant General, the Assistant Adjutant General, the Director of the State Emergency Services and Disaster Agency, members of the boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.
        (3) In no event may a person bring an action under
    subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.
        (4)(A) No court shall have jurisdiction over an
    action under this Section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.
        (B) For purposes of this paragraph (4), "original
    source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the State before filing an action under this Section which is based on the information.
    (f) State not liable for certain expenses. The State is not liable for expenses which a person incurs in bringing an action under this Section.
    (g) Relief from retaliatory actions.
        (1) In general, any employee, contractor, or agent is
    entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the employee, contractor, or agent or associated others in furtherance of other efforts to stop one or more violations of this Act.
        (2) Relief under paragraph (1) shall include
    reinstatement with the seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection (g) may be brought in the appropriate circuit court for the relief provided in this subsection (g).
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/5)(from Ch. 127, par. 4105)
    Sec. 5. False claims procedure.
    (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Section 4 of this Act may be served at any place in the State.
    (b) A civil action under Section 4 may not be brought:
        (1) more than 6 years after the date on which the
    violation of Section 3 is committed, or
        (2) 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 State charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
    (c) If the State elects to intervene and proceed with an action brought under subsection (b) of Section 4, the State may file its own complaint or amend the complaint of a person who has brought an action under subsection (b) of Section 4 to clarify or add detail to the claims in which the State is intervening and to add any additional claims with respect to which the State contends it is entitled to relief. For statute of limitations purposes, any such State pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
    (d) In any action brought under Section 4, the State shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
    (e) Notwithstanding any other provision of law, a final judgement rendered in favor of the State in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Section 4.
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/6)(from Ch. 127, par. 4106)
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State Codes and Statutes

State Codes and Statutes

Statutes > Illinois > Chapter740 > 2058

    (740 ILCS 175/1) (from Ch. 127, par. 4101)
    Sec. 1. This Act may be cited as the Illinois False Claims Act.
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/2)(from Ch. 127, par. 4102)
    Sec. 2. Definitions. As used in this Act:
    (a) "State" means the State of Illinois; any agency of State government; the system of State colleges and universities, any school district, community college district, county, municipality, municipal corporation, unit of local government, and any combination of the above under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement.
    (b) "Guard" means the Illinois National Guard.
    (c) "Investigation" means any inquiry conducted by any investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act.
    (d) "Investigator" means a person who is charged by the Attorney General or the Department of State Police with the duty of conducting any investigation under this Act, or any officer or employee of the State acting under the direction and supervision of the Attorney General or the Department of State Police, through the Division of Operations or the Division of Internal Investigation, in the course of an investigation.
    (e) "Documentary material" includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery.
    (f) "Custodian" means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1) of Section 6.
    (g) "Product of discovery" includes:
        (1) the original or duplicate of any deposition,
    interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;
        (2) any digest, analysis, selection, compilation, or
    derivation of any item listed in paragraph (1); and
        (3) any index or other manner of access to any item
    listed in paragraph (1).
(Source: P.A. 95‑128, eff. 1‑1‑08; 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/3)(from Ch. 127, par. 4103)
    Sec. 3. False claims.
    (a) Liability for certain acts.
        (1) In general, any person who:
            (A) knowingly presents, or causes to be
        presented, a false or fraudulent claim for payment or approval;
            (B) knowingly makes, uses, or causes to be made
        or used, a false record or statement material to a false or fraudulent claim;
            (C) conspires to commit a violation of
        subparagraph (A), (B), (D), (E), (F), or (G);
            (D) 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 the money or property ;
            (E) is authorized to make or deliver a document
        certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
             (F) knowingly buys, or receives as a pledge of an
        obligation or debt, public property from an officer or employee of the State, or a member of the Guard, who lawfully may not sell or pledge property; or
            (G) knowingly makes, uses, or causes to be made
        or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State,
    is liable to the State for a civil penalty of not less
    than $5,500 and not more than $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person. The penalties in this Section are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct.
        (2) A person violating this subsection shall also be
    liable to the State for the costs of a civil action brought to recover any such penalty or damages.
    (b) Definitions. For purposes of this Section:
        (1) The terms "knowing" and "knowingly":
            (A) mean that a person, with respect to
        information:
                (i) has actual knowledge of the information;
                (ii) acts in deliberate ignorance of the
            truth or falsity of the information; or
                (iii) acts in reckless disregard of the truth
            or falsity of the information, and
            (B) require no proof of specific intent to
        defraud.
        (2) The term "claim":
            (A) means any request or demand, whether under a
        contract or otherwise, for money or property and whether or not the State has title to the money or property, that
                (i) is presented to an officer, employee, or
            agent of the State; or
                (ii) is made to a contractor, grantee, or
            other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest, and if the State:
                    (I) provides or has provided any portion
                of the money or property requested or demanded; or
                    (II) will reimburse such contractor,
                grantee, or other recipient for any portion of the money or property which is requested or demanded; and
            (B) does not include requests or demands for
        money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.
        (3) The term "obligation" means an established duty,
    whether or not fixed, arising from an express or implied contractual, grantor‑grantee, or licensor‑licensee relationship, from a fee‑based or similar relationship, from statute or regulation, or from the retention of any overpayment.
        (4) The term "material" means having a natural
    tendency to influence, or be capable of influencing, the payment or receipt of money or property.
    (c) Exclusion. This Section does not apply to claims, records, or statements made under the Illinois Income Tax Act.
(Source: P.A. 95‑128, eff. 1‑1‑08; 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/4)(from Ch. 127, par. 4104)
    Sec. 4. Civil actions for false claims.
    (a) Responsibilities of the Attorney General and the Department of State Police. The Attorney General or the Department of State Police shall diligently investigate a civil violation under Section 3. If the Attorney General finds that a person violated or is violating Section 3, the Attorney General may bring a civil action under this Section against the person.
    The State shall receive an amount for reasonable expenses that the court finds to have been necessarily incurred by the Attorney General, including reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
    (b) Actions by private persons.
        (1) A person may bring a civil action for a violation
    of Section 3 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
        (2) A copy of the complaint and written disclosure of
    substantially all material evidence and information the person possesses shall be served on the State. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.
        (3) The State may, for good cause shown, move the
    court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this Section until 20 days after the complaint is unsealed and served upon the defendant.
        (4) Before the expiration of the 60‑day period or any
    extensions obtained under paragraph (3), the State shall:
            (A) proceed with the action, in which case the
        action shall be conducted by the State; or
            (B) notify the court that it declines to take
        over the action, in which case the person bringing the action shall have the right to conduct the action.
        (5) When a person brings an action under this
    subsection (b), no person other than the State may intervene or bring a related action based on the facts underlying the pending action.
    (c) Rights of the parties to Qui Tam actions.
        (1) If the State proceeds with the action, it shall
    have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).
        (2)(A) The State may dismiss the action
    notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
        (B) The State may settle the action with the
    defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
        (C) Upon a showing by the State that unrestricted
    participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the State's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as:
            (i) limiting the number of witnesses the person
        may call:
            (ii) limiting the length of the testimony of such
        witnesses;
            (iii) limiting the person's cross‑examination of
        witnesses; or
            (iv) otherwise limiting the participation by the
        person in the litigation.
        (D) Upon a showing by the defendant that unrestricted
    participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
        (3) If the State elects not to proceed with the
    action, the person who initiated the action shall have the right to conduct the action. If the State so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the State's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the State to intervene at a later date upon a showing of good cause.
        (4) Whether or not the State proceeds with the
    action, upon a showing by the State that certain actions of discovery by the person initiating the action would interfere with the State's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60‑day period upon a further showing in camera that the State has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
        (5) Notwithstanding subsection (b), the State may
    elect to pursue its claim through any alternate remedy available to the State, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this Section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this Section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
    (d) Award to Qui Tam plaintiff.
        (1) If the State proceeds with an action brought by a
    person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15% but not more than 25% of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10% of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph (1) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. The State shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred by the Attorney General, including reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
        (2) If the State does not proceed with an action
    under this Section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25% and not more than 30% of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. The court may award amounts from the proceeds of an action or settlement that it considers appropriate to any governmental entity or program that has been adversely affected by a defendant. The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in court orders or settlement agreements.
        (3) Whether or not the State proceeds with the
    action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 3 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection (d), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of Section 3, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the State to continue the action, represented by the Attorney General.
        (4) If the State does not proceed with the action and
    the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
    (e) Certain actions barred.
        (1) No court shall have jurisdiction over an action
    brought by a former or present member of the Guard under subsection (b) of this Section against a member of the Guard arising out of such person's service in the Guard.
        (2)(A) No court shall have jurisdiction over an
    action brought under subsection (b) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the State when the action was brought.
        (B) For purposes of this paragraph (2), "exempt
    official" means any of the following officials in State service: directors of departments established under the Civil Administrative Code of Illinois, the Adjutant General, the Assistant Adjutant General, the Director of the State Emergency Services and Disaster Agency, members of the boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.
        (3) In no event may a person bring an action under
    subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.
        (4)(A) No court shall have jurisdiction over an
    action under this Section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.
        (B) For purposes of this paragraph (4), "original
    source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the State before filing an action under this Section which is based on the information.
    (f) State not liable for certain expenses. The State is not liable for expenses which a person incurs in bringing an action under this Section.
    (g) Relief from retaliatory actions.
        (1) In general, any employee, contractor, or agent is
    entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the employee, contractor, or agent or associated others in furtherance of other efforts to stop one or more violations of this Act.
        (2) Relief under paragraph (1) shall include
    reinstatement with the seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection (g) may be brought in the appropriate circuit court for the relief provided in this subsection (g).
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/5)(from Ch. 127, par. 4105)
    Sec. 5. False claims procedure.
    (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Section 4 of this Act may be served at any place in the State.
    (b) A civil action under Section 4 may not be brought:
        (1) more than 6 years after the date on which the
    violation of Section 3 is committed, or
        (2) 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 State charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
    (c) If the State elects to intervene and proceed with an action brought under subsection (b) of Section 4, the State may file its own complaint or amend the complaint of a person who has brought an action under subsection (b) of Section 4 to clarify or add detail to the claims in which the State is intervening and to add any additional claims with respect to which the State contends it is entitled to relief. For statute of limitations purposes, any such State pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
    (d) In any action brought under Section 4, the State shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
    (e) Notwithstanding any other provision of law, a final judgement rendered in favor of the State in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Section 4.
(Source: P.A. 96‑1304, eff. 7‑27‑10.)

    (740 ILCS 175/6)(from Ch. 127, par. 4106)
    Sec. 6. Subpoenas.