Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

740 ILCS 175/3

    (740 ILCS 175/3) (from Ch. 127, par. 4103)
    Sec. 3. False claims.
    (a) Liability for certain acts.
        (1) In general, any person who:
            (A) knowingly presents, or causes to be
        
presented, a false or fraudulent claim for payment or approval;
            (B) knowingly makes, uses, or causes to be made
        
or used, a false record or statement material to a false or fraudulent claim;
            (C) conspires to commit a violation of
        
subparagraph (A), (B), (D), (E), (F), or (G);
            (D) has possession, custody, or control of
        
property or money used, or to be used, by the State and knowingly delivers, or causes to be delivered, less than all the money or property;
            (E) is authorized to make or deliver a document
        
certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
             (F) knowingly buys, or receives as a pledge of an
        
obligation or debt, public property from an officer or employee of the State, or a member of the Guard, who lawfully may not sell or pledge property; or
            (G) knowingly makes, uses, or causes to be made
        
or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State,
    is liable to the State for a civil penalty of not less
    
than $5,500 and not more than $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person. The penalties in this Section are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct.
        (2) A person violating this subsection shall also be
    
liable to the State for the costs of a civil action brought to recover any such penalty or damages.
    (b) Definitions. For purposes of this Section:
        (1) The terms "knowing" and "knowingly":
            (A) mean that a person, with respect to
        
information:
                (i) has actual knowledge of the information;
                (ii) acts in deliberate ignorance of the
            
truth or falsity of the information; or
                (iii) acts in reckless disregard of the truth
            
or falsity of the information, and
            (B) require no proof of specific intent to
        
defraud.
        (2) The term "claim":
            (A) means any request or demand, whether under a
        
contract or otherwise, for money or property and whether or not the State has title to the money or property, that
                (i) is presented to an officer, employee, or
            
agent of the State; or
                (ii) is made to a contractor, grantee, or
            
other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest, and if the State:
                    (I) provides or has provided any portion
                
of the money or property requested or demanded; or
                    (II) will reimburse such contractor,
                
grantee, or other recipient for any portion of the money or property which is requested or demanded; and
            (B) does not include requests or demands for
        
money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.
        (3) The term "obligation" means an established duty,
    
whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
        (4) The term "material" means having a natural
    
tendency to influence, or be capable of influencing, the payment or receipt of money or property.
    (c) Exclusion. This Section does not apply to claims, records, or statements made under the Illinois Income Tax Act.
(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)