Section 1206 - Certain actions. barred or limited(a) In no event may a person bring an action under this chapter which is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the government is already a party, or which is based upon the reporting requirements of § 1142 of Title 12. This subsection shall have no effect on the Attorney General's ability to bring any such action.(b)(1) The court shall dismiss an action or claim under this section, unless opposed by the Government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:(i) in any criminal, civil, or administrative hearing in which the Government or its agent is a party;(ii) in any Government-generated report, hearing, audit, or investigation; or(iii) from the news media. The requirement to dismiss actions or claims as set forth in this subsection shall not apply to actions brought by the Attorney General or where the person bringing the action is an original source of the information.
(c) For purposes of this section, "original source" means an individual who either (i) prior to a public disclosure under subsection (b)(1) herein, has voluntarily disclosed to the Government the information on which allegations or transactions in a claim are based, or (ii) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section.(d) The Attorney General may only bring an action under this chapter which is based upon the reporting requirements of § 1142 of Title 12 if all of the following are true: (1) The Attorney General has provided written notice to the Secretary of the Department of Finance and the State Escheator setting forth the allegations intended to be pursued.(2) Either (i) 120 days has passed since the date of such notice; or (ii) the State Escheator has consented in writing to the institution of such action prior to the expiry of the 120-day period.(3) There is no ongoing examination by the State Escheator pursuant to Subchapter II of Chapter 11 of Title 12 concerning the allegations in the Attorney General's complaint at the time such complaint is filed.(4) The defendant in such action did not initiate a voluntary disclosure under §1173 of Title 12 of the specific matters that are the subject of the Attorney General's intended action prior to the date on which the Attorney General first become aware of or commenced investigating such matters.Amended by Laws 2023, ch. 367,s 1, eff. 8/15/2024.Amended by Laws 2013 , ch. 141, s 1, eff. 7/24/2013. 72 Del. Laws, c. 370, § 1; 77 Del. Laws, c. 166, § 23.;