Sec. 5. False claims procedure.

362 words·~2 min read·/il/chapter-740/act-175/5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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,

(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.