SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-216.3 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-216.3. False claims; civil penalty.
A. Any person who:
1. Knowingly presents, or causes to be presented, to an officer or employee of the Commonwealth 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 to get a false or fraudulent claim paid or approved by the Commonwealth;
3. Conspires to defraud the Commonwealth by getting a false or fraudulent claim allowed or paid;
4. Has possession, custody, or control of property or money used, or to be used, by the Commonwealth and, intending to defraud the Commonwealth or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt;
5. Authorizes to make or deliver a document certifying receipt of property used, or to be used, by the Commonwealth and, intending to defraud the Commonwealth, makes or delivers the receipt without completely knowing that the information on the receipt is true;
6. Knowingly buys or receives as a pledge of an obligation or debt, public property from an officer or employee of the Commonwealth who lawfully may not sell or pledge the property; or
7. Knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Commonwealth;
shall be liable to the Commonwealth for a civil penalty of not less than $5,000 and not more than $10,000, plus three times the amount of damages sustained by the Commonwealth.
B. If the court finds that (i) the person committing the violation of this
section furnished officials of the Commonwealth responsible for investigating
false claims violations with all information known to the person about the
violation within thirty 30 days after the date on which the defendant first
obtained the information; (ii) such person fully cooperated with any Commonwealth investigation of
such violation; (iii) at the time such person furnished the Commonwealth with the information about
the violation, no criminal prosecution, civil action, or administrative action
had commenced with respect to such violation, and (iv) the person did not have
actual knowledge of the existence of an investigation into such violation, the
court may assess not less than two times the amount of damages that the
Commonwealth sustains because of the act of the person. A person violating this
section shall also be liable to the Commonwealth for the costs of a civil
action brought to recover any such penalty or damages.
C. For purposes of this section, the terms "knowing" and "knowingly" 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 no proof of specific intent to defraud is required.
D. This section shall not apply to claims, records or statements relating to
income taxation as set forth in Title 58.1 state or local taxes.