1-605. Short title; purpose. (a) This Article shall be known and may be cited as the False Claims Act. (b) The purpose of this Article is to deter persons from knowingly causing or assisting in causing the State to pay claims that are false or fraudulent and to provide remedies in the form of treble […]
1-606. Definitions. The following words and phrases when used in this act have the following meanings, unless the context clearly indicates otherwise: (1) "Attorney General." – The Attorney General of North Carolina, or any deputy, assistant, or associate attorney general. (2) "Claim." – Any request or demand, whether under a contract or otherwise, for money […]
1-607. False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptions. (a) Liability. – Any person who commits any of the following acts shall be liable to the State for three times the amount of damages that the State sustains because of the act of that person. A person who […]
1-608. Civil actions for false claims. (a) Responsibilities of the Attorney General. – The Attorney General diligently shall investigate a violation under G.S. 1-607. If the Attorney General finds that a person has violated or is violating G.S. 1-607, the Attorney General may bring a civil action under this section against that person. (b) Actions […]
1-609. Rights of the parties to qui tam actions. (a) If the State proceeds with an action under G.S. 1-608(b), it shall have the primary responsibility for prosecuting the action and shall not be bound by an act of the qui tam plaintiff. The qui tam plaintiff shall have the right to continue as a […]
1-610. Award to qui tam plaintiff. (a) Except as otherwise provided in this section, if the State proceeds with an action brought by a qui tam plaintiff under G.S. 1-608(b), the qui tam plaintiff shall receive at least fifteen percent (15%) but not more than twenty-five percent (25%) of the proceeds of the action or […]
1-611. Certain actions barred. (a) No court shall have jurisdiction over an action brought under G.S. 1-608(b) against a member of the General Assembly, a member of the judiciary, or a senior executive branch official acting in their official capacity if the action is based on evidence or information known to the State when the […]
1-612. State not liable for certain expenses. The State is not liable for expenses that a person incurs in bringing an action under G.S. 1-608(b). (2009-554, s. 1.)
1-613. Private action for retaliation action. Any employee, contractor, or agent who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this Article or other […]
1-614. Civil investigative demand. (a) A civil investigative demand is an administrative subpoena. Whenever the Attorney General has reason to believe that a person has information or is in possession, custody, or control of any document or other object relevant to an investigation or that would lead to the discovery of relevant information in an […]
1-615. False claims procedure. (a) Statute of Limitations. – A civil action under G.S. 1-608 may not be brought (i) more than six years after the date on which the violation of G.S. 1-607 was committed or (ii) more than three years after the date when facts material to the right of action are known […]
1-616. Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history. (a) Remedies Under Other Laws. – The provisions of this Article are not exclusive, and the remedies provided for in this Article shall be in addition to any other remedies provided for in any other law or available under […]
1-617. Reporting. (a) In reporting on the terms and disbursements set forth in any settlement agreement or final order or judgment in a case filed under this Article as required by G.S. 114-2.5, the report shall include the percentage of the proceeds and the amount paid to any qui tam plaintiff under G.S. 1-610. (b) […]
1-618. Rules. The Attorney General may adopt rules necessary to carry out the purposes set forth in this Article. (2009-554, s. 1.)
