§ 21-306 — Indemnity fund fraud

(a) A person commits the offense of indemnity fund fraud when that person knowingly: (1) offers or agrees to become a party to, or to acquire an interest in, a contract involving the proceeds of a judgment for indemnity under Section 21-305 before the end of the period of redemption from the tax sale to which the judgment relates; (2) fraudulently induces a party to forego bringing an action for the recovery of the property; (3) makes a deceptive misrepresentation during the course of negotiating an agreement under subsection (c) of Section 21-305; or (4) conspires to violate any of the provisions of this subsection. (b) Commission of any one act described in subsection (a) is a Class A misdemeanor. Commission of more than one act described in subsection (a) during a single course of conduct is a Class 4 felony. A second or subsequent conviction for violation of any portion of this Section is a Class 4 felony. (c) The State's Attorney of the county in which a judgment for indemnity under Section 21-305 is entered may bring a civil action in the name of the People of the State of Illinois against a person who violates paragraph (1), (2), or (3) of subsection (a). Upon a finding of liability in the action the court shall enter judgment in favor of the People in a sum equal to three times the amount of the judgment for indemnity, together with costs of the action and reasonable attorney's fees. The proceeds of any judgment under this subsection shall be paid into the general fund of the county.

Legislative History

(Source: P.A. 91-564, eff. 8-14-99.)