§ 108A-70.13. False claims procedure. - North Carolina Statutes

§ 108A‑70.13. False claims procedure.

(a)        The Attorney General shall have the authority toinvestigate, institute proceedings, compromise and settle any investigation oraction, and perform all duties in connection with any civil action to enforceG.S. 108A‑70.12.

(b)        A civil action under G.S. 108A‑70.12 may not bebrought more than six years after the date the violation of G.S. 108A‑70.12is committed, or more than three years after the date when facts material tothe 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.

(c)        In any action brought under G.S. 108A‑70.12, the Stateshall be required to prove all essential elements of the cause of action,including damages, by the greater weight of the evidence.

(d)        Notwithstanding any other provision of law or rule, a finaljudgment rendered in favor of the State in any criminal proceeding chargingfraud or false statements, whether upon a verdict after trial or upon a plea ofguilty or nolo contendere, shall estop the defendant from denying the essentialelements of the offense in any action which involves the same transaction as inthe criminal proceeding and which is brought under G.S. 108A‑70.12.

(e)        No criminal or administrative action need be brought againstany provider as a condition for establishing civil liability under G.S. 108A‑70.12.The civil liability under G.S. 108A‑70.12 is in addition to any othercriminal, civil, and administrative liabilities or penalties that may beprescribed by law. However, treble and double damages and civil penaltiesprovided by G.S. 108A‑70.12 shall not be assessed against a provider iftreble or double damages or civil penalties have been previously assessedagainst the provider for the same claims under the federal False Claims Act, 31U.S.C. § 3729, et seq., or the federal Civil Monetary Penalty Law, 42 U.S.C. §1320a‑7a. In the event that any provider is found liable under theprovisions of this Act and is subsequently found liable for the same claimunder the federal False Claims Act, or the appropriate sections of the federalCivil Monetary Penalty Law, the State and the Medical Assistance Program shallpay to the federal government on behalf of the provider any amounts, other thanrestitution, recovered or otherwise obtained by the State under this Act, notto exceed the amount of the federal damages and penalties.

(f)         The amount of damages and number of violations of G.S. 108A‑70.12shall be established by the trial judge or, in the event of a jury trial, byjury verdict. The amount of penalties, treble or double damages, interest, costof the investigation, and cost of the civil action shall be determined by thetrial judge as prescribed in G.S. 108A‑70.12(b).

(g)        Venue for any action brought pursuant to G.S. 108A‑70.12shall be in either Wake County or in any county in which claim originated, or inwhich any statement or record was made, or acts done, or services, goods, oraccommodations rendered in connection with any act constituting part of theviolation of G.S. 108A‑70.12. (1997‑338, s. 1.)