§ 1-615. False claims procedure. - North Carolina Statutes

§ 1‑615.  False claimsprocedure.

(a)        Statute ofLimitations. – A civil action under G.S. 1‑608 may not be brought (i)more than six years after the date on which the violation of G.S. 1‑607was committed or (ii) more than three years after the date when facts materialto the right of action are known or reasonably should have been known by theofficial of the State of North Carolina charged with responsibility to act inthe circumstances, but in no event more than 10 years after the date on whichthe violation is committed, whichever occurs last.

(b)        If the AttorneyGeneral elects to intervene and proceed with an action brought under G.S. 1‑608(b),the State may file its own complaint or amend the complaint of a person who hasbrought an action under G.S. 1‑608(b) to clarify or add detail to theclaims with respect to which the State is intervening and to add any additionalclaims with respect to which the State contends it is entitled to relief. Forstatute of limitations purposes, any such State pleading shall relate back tothe filing date of the complaint of the person who originally brought theaction, 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 theprior complaint of that person.

(c)        Burden of Proof. – Inany action brought under G.S. 1‑608, the State or the qui tam plaintiffshall be required to prove all essential elements of the cause of action,including damages, by a preponderance of the evidence.

(d)        Estoppel. – Notwithstandingany other provision of law, a final judgment rendered in favor of the State ina criminal proceeding charging false statements or fraud, whether upon averdict after trial or upon a plea of guilty or nolo contendere, shall estop thedefendant from denying the essential elements of the offense in any action thatinvolves the same transaction as in the criminal proceeding and which isbrought under G.S. 1‑608.

(e)        Venue. – Venue forany action brought pursuant to G.S. 1‑608 shall be in either Wake Countyor in any county in which a claim originated, or in which any statement orrecord was made, or acts done, or services or property rendered in connectionwith any act constituting part of the violation of this Article.

(f)         Service on Federal,State, or Local Authorities. – With respect to the United States or any Stateor local government that is named as a co‑plaintiff in an action broughtunder G.S. 1‑608, a seal on the action ordered by the court under G.S. 1‑608(b)shall not preclude the State or the person bringing the action from serving thecomplaint, any other pleadings, or the written disclosure of substantially allmaterial evidence and information possessed by the person bringing the actionon the law enforcement authorities that are authorized under the law of the co‑plaintiffgovernment to investigate and prosecute such actions on behalf of that co‑plaintiffgovernment, except that the seal applies to the law enforcement authorities soserved to the same extent as the seal applies to other parties in the action.

(g)        A civil action maynot be brought under both this Article and Part 7 of Article 2 of Chapter 108Aof the General Statutes.  (2009‑554, s. 1.)