§661-7  Claim forfeited by fraud.  (a) 
Any person who intentionally submits a false claim or attempts to commit any
fraud against the State in the proof, statement, establishment, or allowance of
any claim, or of any part of any claim against the State, shall forfeit the
same to the State; and when an action is brought to recover on such a claim,
the court shall find specifically that fraud was committed or attempted to be
committed, and thereupon give judgment that such claim is forfeited to the
State, and that the claimant is forever barred from prosecuting the same.



(b)  Any person who intentionally submits a
false claim or attempts to commit a fraud against the State in the proof,
statement, establishment, or allowance of any claim under $5,000 or any part of
any claim under $5,000 against the State shall, in addition to any other
penalty provided by law, be liable for civil penalties of:



(1)  Payment of interest on the amount of excess
benefits or payments at the maximum legal rate in effect on the date the
payment was made to said person, for the period from the date upon which
payment was made to the date upon which repayment is made to the State;



(2)  Payment of an amount not to exceed double the
amount of such excess benefits or payments; and



(3)  Payment in the sum of $1,000 for each fraudulent
claim or part of a fraudulent claim made against the State.



All interest and penalties provided for in this
section may be sought and recovered in an administrative proceeding held
pursuant to chapter 91 conducted by the department to which the claim was
submitted. [L 1894-5, c 26, §7; RL 1925, §2675; RL 1935, §4426; RL 1945,
§10481; RL 1955, §245-7; HRS §661-7; am L 1979, c 115, §1]



 



Case Notes



 



  Defense under section discussed.  58 H. 187, 567 P.2d 397.