Section 44-9-7 – Awards to qui tam plaintiff and the state or political subdivision.
A. Except as otherwise provided in this section, if the state or a political subdivision proceeds with an action brought by a qui tam plaintiff and the state or political subdivision prevails in the action, the qui tam plaintiff shall receive: (1) at least fifteen percent but not more than twenty-five percent of the proceeds […]
Section 44-9-8 – Award of attorney fees and costs to defendant.
If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment. History: Laws […]
Section 44-9-9 – Certain actions barred.
A. No court shall have jurisdiction over an action brought pursuant to Section 44-9-5 NMSA 1978 by a present or former employee of the state or political subdivision unless the employee, during employment with the state or political subdivision and in good faith, exhausted existing internal procedures for reporting false claims and the state or […]
Section 44-9-10 – State or political subdivision not liable.
The state or political subdivision shall not be liable for expenses or fees that a qui tam plaintiff may incur in investigating or bringing an action pursuant to the Fraud Against Taxpayers Act. History: Laws 2007, ch. 40, § 10; 2015, ch. 128, § 9. ANNOTATIONS The 2015 amendment, effective June 19, 2015, provided that […]
Section 44-9-11 – Employer interference with employee disclosure; private action for retaliation.
A. An employer shall not make, adopt or enforce a rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting in furtherance of a fraud against taxpayers action, including investigating, initiating, testifying or assisting in an action filed or to be filed pursuant to the […]
Section 44-9-12 – Limitation of actions; estoppel; standard of proof.
A. A civil action pursuant to the Fraud Against Taxpayers Act may be brought at any time. A civil action pursuant to the Fraud Against Taxpayers Act may be brought for conduct that occurred prior to the effective date of that act, but not for conduct that occurred prior to July 1, 1987. B. Notwithstanding […]
Section 44-9-13 – Joint and several liability.
Liability shall be joint and several for any act committed by two or more persons in violation of the Fraud Against Taxpayers Act [44-9-1 NMSA 1978]. History: Laws 2007, ch. 40, § 13. ANNOTATIONS Effective dates. — Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007. Severability. — Laws 2007, ch. […]
Section 44-8-8 – Compensation.
A receiver and an attorney, accountant, broker and other person duly engaged and retained by the receiver shall be entitled to receive reasonable compensation, to be paid from the receivership estate, in a sum to be fixed or approved by the district court, for services rendered to the receivership estate. History: Laws 1995, ch. 81, […]
Section 44-8-9 – Removal, death, resignation, substitution and discharge of receiver; termination of receivership.
A. Upon notice and hearing, a receiver may be removed either upon application by an interested person or upon the district court’s own motion. B. The death, resignation or substitution of a receiver, the expiration of a receiver’s term of appointment or the dismissal of the action in which a receiver was appointed shall not […]
Section 44-8-10 – Appeal and stay of appointment of a receiver.
If an appeal is taken from a district court from a judgment or an order appointing a receiver, perfecting of an appeal from such judgment or order shall not stay enforcement of the judgment or order unless a bond, in a sum fixed by the district court, is given and posted on condition that if […]