39-14-137 - Fraudulent qualifying for programs for disadvantaged or minority businesses. - Tennessee Statutes

39-14-137. Fraudulent qualifying for programs for disadvantaged or minority businesses.

(a)  No person shall knowingly commit or engage in any false or fraudulent conduct, representation or practice in order to qualify, or assist another to qualify, for participation in any program administered by or through an agency of state or local government intended to specifically encourage and enhance economic development of the following:

     (1)  Disadvantaged businesses, as described by § 4-26-102(6);

     (2)  Small businesses, as described by § 12-3-802(4);

     (3)  Minority-owned businesses, as described by § 12-3-802(3); or

     (4)  Disadvantaged business concerns and enterprises, as described by or pursuant to § 54-1-124.

(b)  A violation of subsection (a) is punishable as theft pursuant to § 39-14-105.

(c)  Any contract entered into as a direct result of a violation of subsection (a) shall be null and void and the court shall order repayment of all governmental funds paid pursuant thereto which may be reasonably construed as constituting net profit or personal enrichment for the guilty party or parties. Repayment of funds pursuant to this subsection (c) shall be in addition to payment of any fine imposed pursuant to subsection (b).

[Acts 1989, ch. 591, § 1; 1993, ch. 488, § 3; 1997, ch. 46, § 1.]