§ 4-275 — False claims and other prohibited acts. Penalties. Damages. Prohibition on state counterclaim, set-off or defense. Exemption for certain tax claims, records and statements.

(a) No person shall: (1) Knowingly present, or cause to be presented, a false or fraudulent claim for payment or approval; (2) Knowingly make, use or cause to be made or used, a false record or statement material to a false or fraudulent claim; (3) Conspire to commit a violation of this section; (4) Having possession, custody or control of property or money used, or to be used, by the state, knowingly deliver, or cause to be delivered, less property than the amount for which the person receives a certificate or receipt; (5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state and intending to defraud the state, make or deliver such document without completely knowing that the information on the document is true; (6) Knowingly buy, or receive as a pledge of an obligation or debt, public property from an officer or employee of the state who may not lawfully sell or pledge the property; (7) Knowingly make, use or cause 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 (8) Knowingly conceal or knowingly and improperly avoid or decrease an obligation to pay or transmit money or property to the state. (b) Any person who violates the provisions of subsection (a) of this section shall be liable to the state for: (1) A civil penalty of not less than five thousand five hundred dollars or more than eleven thousand dollars, or as adjusted from time to time by the federal Civil Penalties Inflation Adjustment Act of 1990, 28 USC 2461, (2) three times the amount of damages that the state sustains because of the act of that person, and (3) the costs of prosecution of such violation. Liability under this section shall be joint and several for any violation of this section committed by two or more persons. (c) Notwithstanding the provisions of subsection (b) of this section concerning treble damages, if the court finds that: (1) A person committing a violation of subsection (a) of this section furnished officials of the state responsible for investigating false claims violations with all information known to such person about the violation not later than thirty days after the date on which the person first obtained the information; (2) such person fully cooperated with an investigation by the state of such violation; and (3) at the time such person furnished the state with the information about the violation, no criminal prosecution, civil action or administrative action had commenced under sections 4-276 to 4-280 , inclusive, with respect to such violation, and such 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 which the state sustains because of the act of such person. Any information furnished pursuant to this subsection shall be exempt from disclosure under section 1-210 . (d) In any civil action, arbitration or other civil proceeding in which the state is a defendant, the state shall not assert a counterclaim, set-off or defense alleging a violation of this section. (e) The provisions of this section shall not apply to any claim, record or statement made under any tax law administered by this state or a political subdivision of this state.

Legislative History

(P.A. 14-217, S. 2; P.A. 23-129, S. 2.) History: P.A. 14-217 effective June 13, 2014; P.A. 23-129 amended Subsecs. (a)(1), (2) and (4) to (8) to delete references to state-administered health or human services program, amended Subsec. (a)(6) to make a technical change, amended Subsec. (b)(3) to delete reference to costs of investigation and added Subsec. (d) re prohibition on state counterclaim, set-off or defense and Subsec. (e) re claims, records or statements made under tax laws, effective July 1, 2023.