§ 9-1.1-3 - Liability for certain acts. - Rhode Island Statutes

SECTION 9-1.1-3

   § 9-1.1-3  Liability for certain acts.– (a) Any person who:

   (1) Knowingly presents, or causes to be presented, to anofficer or employee of the state or a member of the guard a false or fraudulentclaim for payment or approval;

   (2) Knowingly makes, uses, or causes to be made or used, afalse record or statement to get a false or fraudulent claim paid or approvedby the state;

   (3) Conspires to defraud the state by getting a false orfraudulent claim allowed or paid;

   (4) Has possession, custody, or control of property or moneyused, or to be used, by the state and, intending to defraud the state orwillfully to conceal the property, delivers, or causes to be delivered, lessproperty than the amount for which the person receives a certificate or receipt;

   (5) Authorized to make or deliver a document certifyingreceipt of property used, or to be used, by the state and, intending to defraudthe state, makes or delivers the receipt without completely knowing that theinformation on the receipt is true;

   (6) Knowingly buys, or receives as a pledge of an obligationor debt, public property from an officer or employee of the state, or a memberof the guard, who lawfully may not sell or pledge the property; or

   (7) Knowingly makes, uses, or causes to be made or used, afalse record or statement to conceal, avoid or decrease an obligation to pay ortransmit money or property to the state, is liable to the state for a civilpenalty of not less than five thousand dollars ($5,000) and not more than tenthousand dollars ($10,000), plus three (3) times the amount of damages whichthe state sustains because of the act of that person. A person violating thissubsection (a) shall also be liable to the state for the costs of a civilaction brought to recover any such penalty or damages.

   (b) Knowing and knowingly defined. As used in this section,the terms "knowing" and "knowingly" mean that a person, with respect toinformation:

   (1) Has actual knowledge of the information;

   (2) Acts in deliberate ignorance of the truth or falsity ofthe information; or

   (3) Acts in reckless disregard of the truth or falsity of theinformation, and no proof of specific intent to defraud is required.

   (c) Claim defined. As used in this section, "claim"includes any request or demand, whether under a contract or otherwise, formoney or property which is made to a contractor, grantee, or other recipient ifthe state provides any portion of the money or property which is requested ordemanded, or if the state will reimburse such contractor, grantee, or otherrecipient for any portion of the money or property which is requested ordemanded.

   (d) Exclusion. This section does not apply to claims,records, or statements made under the Rhode Island personal income tax lawcontained in Rhode Island general laws chapter 44-30.