17-8-410. Distribution of damages and civil penalty
17-8-410. Distribution of damages and civil penalty. (1) Except as provided in subsection (2), if the government attorney proceeds with an action brought by a person pursuant to 17-8-406, the person must receive at least 15% but not more than 25% of the proceeds recovered and collected in the action or in settlement of the claim, […]
17-8-411. Costs and attorney fees
17-8-411. Costs and attorney fees. The governmental entity that filed a civil action or intervened is entitled to reasonable costs and attorney fees if the action is settled favorably for the governmental entity or the governmental entity prevails. In an action in which outside counsel is engaged by a government attorney, the costs and attorney fees […]
17-8-412. Retaliatory actions prohibited — remedies
17-8-412. Retaliatory actions prohibited — remedies. (1) A governmental entity, private entity, or person may not adopt or enforce a rule, regulation, or policy preventing an employee, agent, or contractor from disclosing information to a government or law enforcement agency with regard to or from acting in furtherance of an investigation of a violation of 17-8-403 […]
17-8-413. Settlement by government attorney
17-8-413. Settlement by government attorney. A government attorney may settle the case with a defendant notwithstanding the objections of the persons who initiated the action if the court determines, after a hearing, that the settlement is fair, adequate, and reasonable under the circumstances. Upon a showing of good cause, the hearing may be held in camera. […]
17-8-414. and 17-8-415 reserved
17-8-414 and 17-8-415 reserved.
17-8-416. Reporting
17-8-416. Reporting. The attorney general shall submit to the law and justice interim committee a report in accordance with 5-11-210 containing the following information: (1) the number of cases filed under the Montana False Claims Act, Title 17, chapter 8, part 4, that were pending in the state during the previous calendar year; (2) the number of cases […]
17-8-408. Repealed
17-8-408. Repealed. Sec. 11, Ch. 64, L. 2009. History: En. Sec. 8, Ch. 465, L. 2005.
17-8-409. Burden of proof — effect of criminal conviction
17-8-409. Burden of proof — effect of criminal conviction. (1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence. (2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the […]
17-8-312. Charges for services or supplies among agencies — valid claim
17-8-312. Charges for services or supplies among agencies — valid claim. (1) Subject to 17-8-242, charges for services and supplies incurred between state agencies are considered a debt that must be paid by the receiving agency as if the amount were owed to a vendor outside of state government. (2) Agencies shall use all funds at their […]
17-8-401. Short title
17-8-401. Short title. This part may be cited as the “Montana False Claims Act”. History: En. Sec. 1, Ch. 465, L. 2005.