§ 96 — Penalties for fraudulent practices

§ 96. Penalties for fraudulent practices. 1. Any person who knowingly\nmakes a false statement or representation, conceals any material fact,\nor engages in any other fraudulent scheme or device for the purpose of\nobtaining, maintaining or renewing insurance in the state insurance fund\nat less than the proper rate for such insurance, whether for himself or\nherself or any other person or entity, or for the purpose of evading the\nrequirements of section fifty of this chapter or for the purpose of\nobtaining any benefit or payment out of such fund, whether for himself\nor herself or any other person or entity, shall be guilty of a class E\nfelony. If a violation of this subdivision is alleged and such act could\nalso constitute a violation of the penal law or any other law, the\nprosecuting official may charge such person pursuant to the provisions\nof this section and charge such person in accordance with such other law\nor laws. In addition to any other remedy, the state insurance fund shall\nbe entitled to restitution for any amount obtained or withheld as a\nresult of a violation of this subdivision.\n 2. For violations of subdivision one of this section, the state\ninsurance fund shall have a right of action to recover civil damages\nequal to three times the amount wrongfully obtained, or five thousand\ndollars, whichever is greater. The remedy provided in this section shall\nbe in addition to any other remedy provided by law.\n