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 44-9-14 – Remedy not exclusive.
The remedies provided for in the Fraud Against Taxpayers Act [44-9-1 NMSA 1978] are not exclusive and shall be in addition to any other remedies provided for in any other law or available under common law. History: Laws 2007, ch. 40, § 14. ANNOTATIONS Effective dates. — Laws 2007, ch. 40, § 16 makes the […]
Section 44-10-1 – Short title.
Sections 1 through 8 of this act may be cited as the “Uniform Unsworn Foreign Declarations Act”. History: Laws 2009, ch. 78, § 1. ANNOTATIONS Effective dates. — Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
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 […]
Section 44-9-1 – Short title.
This act [44-9-1 to 44-9-14 NMSA 1978] may be cited as the “Fraud Against Taxpayers Act”. History: Laws 2007, ch. 40, § 1. ANNOTATIONS Cross references. — For the New Mexico finance authority, see 6-21-4 NMSA 1978. For the mortgage finance authority, see 58-18-4 NMSA 1978. For the New Mexico lottery authority, see 6-24-5 NMSA […]
Section 44-9-2 – Definitions.
As used in the Fraud Against Taxpayers Act: A. “claim” means a request or demand for money, property or services when all or a portion of the money, property or services requested or demanded issues from or is provided or reimbursed by the state or a political subdivision; B. “employer” includes an individual, corporation, firm, […]