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.
17-8-402. Definitions
17-8-402. Definitions. As used in this part, the following definitions apply: (1) ”Claim” includes any request or demand for money, property, or services, whether made pursuant to a contract and regardless of whether a governmental entity holds title to the money or property, that is made to: (a) an employee, officer, agent, or other representative of a governmental […]
17-8-403. False claims — procedures — penalties
17-8-403. False claims — procedures — penalties. (1) Except as provided in subsection (2), a person is liable to a governmental entity for a civil penalty of not less than $5,500 and not more than $11,000 for each act specified in this section, plus three times the amount of damages that a governmental entity sustains, along […]
17-8-404. Limitation of actions
17-8-404. Limitation of actions. (1) A complaint or civil action filed under 17-8-405 or 17-8-406 must be brought by the later of: (a) 6 years after the date on which the violation was committed; or (b) 3 years after the date when facts material to the right of action are known or reasonably should have been known by […]
17-8-405. Investigation and civil action by government attorney
17-8-405. Investigation and civil action by government attorney. The government attorney shall investigate an alleged violation of 17-8-403 and may file a civil action against any person who has violated or is violating 17-8-403. History: En. Sec. 5, Ch. 465, L. 2005; amd. Sec. 4, Ch. 64, L. 2009.
17-8-406. Complaint by person — civil action
17-8-406. Complaint by person — civil action. (1) A person may bring a civil action for a violation of 17-8-403 on behalf of the person and the governmental entity. The action must be brought in the name of the governmental entity. The action may be dismissed only if the court and the government attorney give written […]
17-8-407. Dismissal of civil action
17-8-407. Dismissal of civil action. On the motion of the government attorney, the court may dismiss a civil action notwithstanding the objection of the person who initiated the action if the government attorney has notified the person of the filing of the motion to dismiss and the court has given the person an opportunity to oppose […]
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 Repealed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 Repealed.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 […]
17-8-410. 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 […]