N.D. Cent. Code § 50-24.8-02

Current through 2023 Legislative Sessions
Section 50-24.8-02 - Liability for certain acts - Civil penalty
1. Except as provided in subsections 2 and 3, a person is liable to the state for a civil penalty of not less than one thousand dollars and not more than ten thousand dollars for each act specified in this section, three times the amount of damages the state sustains because of the person's act, and costs of the investigation and litigation fees, if the person:
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 this section;
d. Has possession, custody, or control of public property or money used or to be used by the state and knowingly delivers or causes to be delivered less than all of that 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, with the intent to defraud the state, makes or delivers a receipt without completely knowing the information on the receipt is true; or
f. 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.
2. The court may assess not less than two times the amount of damages the state sustains because of the act of the person and the person is liable to the state for the costs of the civil action brought to recover any such penalty or damages if the court finds:
a. The person committing the act furnished the attorney general with all information known to that person about the act within thirty days after the date on which the person first obtained the information;
b. The person fully cooperated with any investigation of the act by the attorney general; and
c. At the time the person furnished the attorney general with information about the act, a criminal prosecution, civil action, or administrative action had not been commenced with respect to the act and the person did not have actual knowledge of the existence of an investigation into the violation.
3. If the total claim made or presented by a person under subsection 1 is less than one hundred thousand dollars, the civil penalty for which the person is liable may not be more than fifteen percent of the total claim submitted.

N.D.C.C. § 50-24.8-02

Added by S.L. 2019, ch. 415 (SB 2347),§ 2, eff. 8/1/2019.