Illinois Compiled Statutes
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CIVIL PROCEDURE735 ILCS 5/Art. XX
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. XX heading)
RECOVERY OF FRAUDULENTLY
OBTAINED PUBLIC FUNDS
735 ILCS 5/20-101
(735 ILCS 5/20-101)
(from Ch. 110, par. 20-101)
As used in this Article:
(1) "Compensation, benefits or remuneration" includes regular compensation,
overtime compensation, vacation compensation, deferred compensation, sick
pay, disability pay, sick leave, disability leave, medical, dental, optical
or other health benefits, pension or retirement benefits or any other pay,
compensation, benefits, or any other remuneration.
(2) "Person" includes any firm, corporation, association, agency,
institution or other legal entity, as well as any natural person.
(3) "Local governmental unit" means any unit of local government or school district.
(Source: P.A. 84-1462.)
735 ILCS 5/20-102
(735 ILCS 5/20-102)
(from Ch. 110, par. 20-102)
Any person who has received from the State or from any local
governmental unit compensation, benefits or remuneration by means of a false
or fraudulent record, statement, or claim or other willful misrepresentation,
or by his failure to notify the State or local governmental unit of a change
in his status as may be required by the State or local governmental unit,
or by other fraudulent device, shall be answerable to the State or local
governmental unit, as the case may be, for refunding the entire amount of
such compensation, benefits or remuneration received.
If the refund is not made, it shall be recoverable in a civil action from
the person who received the compensation, benefits or remuneration, or from
anyone who knowingly aided such person in obtaining the compensation,
benefits or remuneration.
(Source: P.A. 84-1462.)
735 ILCS 5/20-103
(735 ILCS 5/20-103)
(from Ch. 110, par. 20-103)
Any person who by means of a false record, statement or
representation, or by willful concealment of any material fact, or by other
fraudulent scheme or device on behalf of himself, his dependents or others,
knowingly obtains from the State or local governmental unit compensation,
benefits or remuneration to which he
is not entitled, or in a greater amount than that to which he is
entitled, shall be liable for full repayment of such compensation, benefits
or remuneration received to which the person was not entitled.
In addition to any other penalties provided by law, the court shall impose
civil penalties consisting of interest on the amount of the compensation,
benefits or remuneration received to which the person was not
entitled at the maximum legal rate for interest on judgments in effect on
the date the payment was made to such person for the period beginning on
the date upon which payment was made to the date upon which repayment is
made; and may impose either of the following penalties:
(1) an amount not to exceed 3 times the amount of such compensation, benefits
or remuneration to which the person was not entitled; or
(2) an amount not to exceed $2,000 for each instance that the person
used any fraudulent scheme or device to obtain compensation, benefits or
remuneration to which he is not entitled, whichever penalty the court deems
more appropriate. Except as provided by Section 20-105, upon
entry of a judgment for repayment of such compensation,
benefits or remuneration, or for any civil penalties assessed by the court,
a lien shall attach to all property and assets of such person until the
judgment is satisfied, subject to the exemptions otherwise applying to the
real and personal property of judgement debtors.
(Source: P.A. 84-1462.)
735 ILCS 5/20-104
(735 ILCS 5/20-104)
(from Ch. 110, par. 20-104)
(a) Before any action is instituted pursuant to this Act,
the State or local governmental unit shall make a good faith attempt to
collect amounts owed to it by using informal procedures and methods. Civil
recoveries provided for in this Article shall be
recoverable only: (1) in actions on behalf of the State, by the Attorney
General; (2) in actions on behalf of a municipality with a population over
500,000, by the corporation counsel of such municipality; and (3) in
actions on behalf of any other local governmental unit, by counsel
designated by the local government unit or, if so requested by the local
governmental unit and the state's attorney so agrees, by the state's attorney.
However, nothing in clause (3) of this subsection (a) shall affect
agreements made pursuant to the State's Attorneys Appellate Prosecutor's
Act. If the state's attorney of a county brings an action on behalf
of another unit of local government pursuant to this Section, the county
shall be reimbursed by the unit of local government in an amount mutually
agreed upon before the action is initiated.
(b) Notwithstanding any other provision in this Section, any private
citizen residing within the boundaries of the governmental unit affected
may bring an action to recover the damages authorized in this Article on behalf
of such governmental unit if: (a) the citizen has sent a letter by
certified mail, return receipt requested, to the appropriate government
official stating his intention to file suit for recovery under this Article and
(b) the appropriate governmental official has not, within 60 days of the
date of delivery on the citizen's return receipt, either instituted an
action for recovery or sent notice to the citizen by
certified mail, return receipt requested, that the official has arranged
for a settlement with the party alleged to have illegally obtained the
compensation or that the official intends to commence suit within 60 days
of the date of the notice. A denial by the official of the liability of
the party alleged liable by the citizen, failure to have actually arranged
for a settlement as stated, or failure to commence a suit within the
designated period after having stated the intention in the notice to do so
shall also permit the citizen to commence the action.
For purposes of this subsection (b), "appropriate government official"
shall mean: (1) the Attorney General, where the government unit alleged
damaged is the State; (2) the corporation counsel where the government unit
alleged damaged is a municipality with a population of over 500,000; and
(3) the chief executive officer of any other local government unit where
that unit is alleged damaged.
Any private citizen commencing an action in compliance with this
subsection which is reasonable and commenced in good faith shall be
entitled to recover court costs and litigation expenses, including
reasonable attorney's fees, from any defendant found liable under this Article.
(Source: P.A. 102-558, eff. 8-20-21.)
735 ILCS 5/20-105
(735 ILCS 5/20-105)
(from Ch. 110, par. 20-105)
Certain rights not affected.
No judgment entered
pursuant to this Article shall affect the rights of any bona fide
purchaser, mortgagee, judgment creditor or other lien holder arising prior
to the date on which a transcript, certified copy or memorandum of such
judgment is filed in the office of the recorder of deeds or registrar of
titles in the county in which real estate subject to the lien is located.
(Source: P.A. 84-1462.)