whichever occurs last.
(c) If the State elects to intervene and proceed with an action brought under subsection (b) of Section 4, the State may file its own complaint or amend the complaint of a person who has brought an action under subsection (b) of Section 4 to clarify or add detail to the claims in which the State is intervening and to add any additional claims with respect to which the State contends it is entitled to relief. For statute of limitations purposes, any such State pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(d) In any action brought under Section 4, the State shall be required
to prove all essential elements of the cause of action, including damages,
by a preponderance of the evidence.
(e) Notwithstanding any other provision of law, a final judgement
rendered in favor of the State in any criminal proceeding charging fraud or
false statements, whether upon a verdict after trial or upon a plea of
guilty, shall estop the defendant from denying the essential elements of the
offense in any action which involves the same transaction as in the
criminal proceeding and which is brought under subsection (a) or (b)
of Section 4.
(Source: P.A. 96-1304, eff. 7-27-10.)