Section 44-9-12 - Limitation of actions; estoppel; standard of proof. - New Mexico Statutes

44-9-12. Limitation of actions; estoppel; standard of proof.

A.     A civil action pursuant to the Fraud Against Taxpayers Act [44-9-1 NMSA 1978] may be brought at any time.  A civil action pursuant to the Fraud Against Taxpayers Act may be brought for conduct that occurred prior to the effective date of that act, but not for conduct that occurred prior to July 1, 1987.  

B.     Notwithstanding any other provision of law, a final judgment rendered in a criminal proceeding charging fraud or false statement, whether upon a guilty verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of a fraud against taxpayers action where the criminal proceeding concerns the same transaction that is the subject of the fraud against taxpayers action.

C.     In an action brought pursuant to the Fraud Against Taxpayers Act, the state or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.