(720 ILCS 5/17-9) (from Ch. 38, par. 17-9)
Sec. 17-9. Public aid wire and mail fraud. (a) Whoever knowingly (i) makes or
transmits any communication by means of telephone, wire, radio, or
television or (ii) places any communication with the United States Postal Service, or with any private or other mail, package, or delivery service or system, such communication being made, transmitted, placed, or received within
the State of Illinois, intending that such
communication be made, transmitted, or delivered in furtherance of any plan, scheme, or
design to obtain, unlawfully, any
benefit or payment under the Illinois Public Aid Code,
commits public aid wire and mail fraud.
(b) Whoever knowingly directs or causes any communication to be (i) made or
transmitted by means of telephone, wire, radio, or television or (ii) placed with the United States Postal Service, or with any private or other mail, package, or delivery service or system, intending
that such communication be made, transmitted, or delivered in furtherance of any plan,
scheme, or design to obtain, unlawfully, any benefit or payment under the
Illinois Public Aid
Code, commits public aid wire and mail fraud.
(c) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) Sec. 17-10.2. Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units. (a) In this Section: "Minority person" means a person who is any of the |
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(1) American Indian or Alaska Native (a person having
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| origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
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(2) Asian (a person having origins in any of the
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| original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
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(3) Black or African American (a person having
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| origins in any of the black racial groups of Africa).
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(4) Hispanic or Latino (a person of Cuban, Mexican,
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| Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
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(5) Native Hawaiian or Other Pacific Islander (a
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| person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
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"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
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| person qualifying as having a disability.
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"Disability" means a severe physical or mental
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| disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities.
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"Minority owned business" means a business concern
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| that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.
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"Female owned business" means a business concern that
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| is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it.
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"Business owned by a person with a disability" means
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| a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".
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"Governmental unit" means the State, a unit of local
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| government, or school district.
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(b) In addition to any other penalties imposed by law or by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution.
(c) In addition to any other penalties authorized by law, the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one-half times the amount of the contract obtained because of the false representation.
(Source: P.A. 102-465, eff. 1-1-22 .)
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(720 ILCS 5/17-10.3) Sec. 17-10.3. Deception relating to certification of disadvantaged business enterprises. (a) Fraudulently obtaining or retaining certification. A person
who, in the course of business, fraudulently obtains or retains
certification as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business commits
a Class 2 felony. (b) Willfully making a false statement. A person who, in the
course of business, willfully makes a false statement whether by affidavit,
report or other representation, to an official or employee of a State
agency or the Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the
purpose of influencing the certification or denial of certification of any
business entity as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business
commits a Class 2 felony. (c) Willfully obstructing or impeding an official or employee of
any agency in his or her investigation.
Any person who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the
Business Enterprise Council for Minorities, Women, and Persons with Disabilities
who is investigating the qualifications of a business
entity which has requested certification as a minority-owned business, women-owned
business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony. (d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the course of
business, fraudulently obtains public moneys reserved for, or allocated or
available to, minority-owned businesses, women-owned businesses, service-disabled veteran-owned small businesses, or veteran-owned small businesses commits a
Class 2 felony. (e) Definitions. As used in this Article, "minority-owned
business", "women-owned business", "State agency" with respect to minority-owned businesses and women-owned businesses, and "certification" with respect to minority-owned businesses and women-owned businesses shall
have the meanings ascribed to them in Section 2 of the Business Enterprise for
Minorities, Women, and
Persons with Disabilities Act. As used in this Article, "service-disabled veteran-owned small business", "veteran-owned small business", "State agency" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses, and "certification" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses have the same meanings as in Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; 101-601, eff. 1-1-20.) |