{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.3.html"}],"law_id":86532,"edition_id":1,"section_id":86532,"structure_id":14503,"section_number":"8.01-216.3","catch_line":"False claims; civil penalty","history":"2002, c. 842; 2004, c. 589; 2007, c. 569; 2011, c. 676; 2018, c. 624; 2020, c. 791; 2022, c. 553.","full_text":"A\n\nAny person who:1\n\nKnowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;2\n\nKnowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;3\n\nConspires to commit a violation of subdivision 1, 2, 4, 5, 6, 7, 8, or 9;4\n\nHas possession, custody, or control of property or money used, or to be used, by the Commonwealth and knowingly delivers, or causes to be delivered, less than all such money or property;5\n\nHas possession, custody, or control of an illegal gambling device, as defined in § 18.2-325, knowing such device is illegal, and knowingly conceals, avoids, or decreases an obligation to pay or transmit money to the Commonwealth that is derived from the operation of such device;6\n\nManufactures for sale, sells, or distributes an illegal gaming device knowing that such device is or is intended to be operated in the Commonwealth in violation of Article 1 (§ 18.2-325 et seq.) or Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;7\n\nIs authorized to make or deliver a document certifying receipt of property used, or to be used, by the Commonwealth and, intending to defraud the Commonwealth, makes or delivers the receipt without completely knowing that the information on the receipt is true;8\n\nKnowingly buys or receives as a pledge of an obligation or debt, public property from an officer or employee of the Commonwealth who lawfully may not sell or pledge the property; or9\n\nKnowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Commonwealth or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Commonwealth;\n\t\t\t\tshall be liable to the Commonwealth for a civil penalty of not less than $10,957 and not more than $21,916, except that these lower and upper limits on liability shall automatically be adjusted to equal the amounts allowed under the Federal False Claims Act, 31 U.S.C. § 3729 et seq., as amended, as such penalties in the Federal False Claims Act are adjusted for inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C. § 2461 Note, P.L. 101-410), plus three times the amount of damages sustained by the Commonwealth.\n\t\t\t\tA person violating this section shall be liable to the Commonwealth for reasonable attorney fees and costs of a civil action brought to recover any such penalties or damages. All such fees and costs shall be paid to the Attorney General’s Office by the defendant and shall not be included in any damages or civil penalties recovered in a civil action based on a violation of this section.B\n\nIf the court finds that (i) the person committing the violation of this section furnished officials of the Commonwealth responsible for investigating false claims violations with all information known to the person about the violation within 30 days after the date on which the defendant first obtained the information; (ii) such person fully cooperated with any Commonwealth investigation of such violation; (iii) at the time such person furnished the Commonwealth with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to such violation; and (iv) the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not less than two times the amount of damages that the Commonwealth sustains because of the act of that person. A person violating this section shall also be liable to the Commonwealth for the costs of a civil action brought to recover any such penalty or damages.C\n\nFor purposes of this section, the terms “knowing” and “knowingly” mean that a person, with respect to information, (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information and require no proof of specific intent to defraud.D\n\nExcept as provided in subdivision A 5, this section shall not apply to claims, records, or statements relating to state or local taxes.","order_by":null,"text":{"0":{"id":309923,"text":"Any person who:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":309924,"text":"Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":309925,"text":"Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":309926,"text":"Conspires to commit a violation of subdivision 1, 2, 4, 5, 6, 7, 8, or 9;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":309927,"text":"Has possession, custody, or control of property or money used, or to be used, by the Commonwealth and knowingly delivers, or causes to be delivered, less than all such money or property;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":309928,"text":"Has possession, custody, or control of an illegal gambling device, as defined in § 18.2-325, knowing such device is illegal, and knowingly conceals, avoids, or decreases an obligation to pay or transmit money to the Commonwealth that is derived from the operation of such device;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":309929,"text":"Manufactures for sale, sells, or distributes an illegal gaming device knowing that such device is or is intended to be operated in the Commonwealth in violation of Article 1 (§ 18.2-325 et seq.) or Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":309930,"text":"Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Commonwealth and, intending to defraud the Commonwealth, makes or delivers the receipt without completely knowing that the information on the receipt is true;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":309931,"text":"Knowingly buys or receives as a pledge of an obligation or debt, public property from an officer or employee of the Commonwealth who lawfully may not sell or pledge the property; or","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":309932,"text":"Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Commonwealth or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Commonwealth;\n\t\t\t\tshall be liable to the Commonwealth for a civil penalty of not less than $10,957 and not more than $21,916, except that these lower and upper limits on liability shall automatically be adjusted to equal the amounts allowed under the Federal False Claims Act, 31 U.S.C. § 3729 et seq., as amended, as such penalties in the Federal False Claims Act are adjusted for inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C. § 2461 Note, P.L. 101-410), plus three times the amount of damages sustained by the Commonwealth.\n\t\t\t\tA person violating this section shall be liable to the Commonwealth for reasonable attorney fees and costs of a civil action brought to recover any such penalties or damages. All such fees and costs shall be paid to the Attorney General’s Office by the defendant and shall not be included in any damages or civil penalties recovered in a civil action based on a violation of this section.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":309933,"text":"If the court finds that (i) the person committing the violation of this section furnished officials of the Commonwealth responsible for investigating false claims violations with all information known to the person about the violation within 30 days after the date on which the defendant first obtained the information; (ii) such person fully cooperated with any Commonwealth investigation of such violation; (iii) at the time such person furnished the Commonwealth with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to such violation; and (iv) the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not less than two times the amount of damages that the Commonwealth sustains because of the act of that person. A person violating this section shall also be liable to the Commonwealth for the costs of a civil action brought to recover any such penalty or damages.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"C"},"11":{"id":309934,"text":"For purposes of this section, the terms “knowing” and “knowingly” mean that a person, with respect to information, (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information and require no proof of specific intent to defraud.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"12":{"id":309935,"text":"Except as provided in subdivision A 5, this section shall not apply to claims, records, or statements relating to state or local taxes.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14503,"edition_id":1,"name":"Virginia Fraud Against Taxpayers Act","identifier":"19.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:23","date_modified":"2026-06-26 03:48:23","permalink":{"id":280295,"object_type":"structure","relational_id":14503,"identifier":"19.1","token":"8.01\/3\/19.1","url":"\/8.01\/3\/19.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63269,"structure_id":14503,"section_number":"8.01-216.1","catch_line":"Citation","url":"\/8.01-216.1\/","token":"8.01\/3\/19.1\/8.01-216.1","metadata":false},{"id":80446,"structure_id":14503,"section_number":"8.01-216.10","catch_line":"Civil investigative demands; issuance; sharing information","url":"\/8.01-216.10\/","token":"8.01\/3\/19.1\/8.01-216.10","metadata":false},{"id":66800,"structure_id":14503,"section_number":"8.01-216.11","catch_line":"Civil investigative demands; contents and deadlines","url":"\/8.01-216.11\/","token":"8.01\/3\/19.1\/8.01-216.11","metadata":false},{"id":80475,"structure_id":14503,"section_number":"8.01-216.12","catch_line":"Civil investigative demands; protected material or information","url":"\/8.01-216.12\/","token":"8.01\/3\/19.1\/8.01-216.12","metadata":false},{"id":68310,"structure_id":14503,"section_number":"8.01-216.13","catch_line":"Civil investigative demands; service and jurisdiction","url":"\/8.01-216.13\/","token":"8.01\/3\/19.1\/8.01-216.13","metadata":false},{"id":69616,"structure_id":14503,"section_number":"8.01-216.14","catch_line":"Civil investigative demands; documentary material","url":"\/8.01-216.14\/","token":"8.01\/3\/19.1\/8.01-216.14","metadata":false},{"id":80936,"structure_id":14503,"section_number":"8.01-216.15","catch_line":"Civil investigative demands; interrogatories","url":"\/8.01-216.15\/","token":"8.01\/3\/19.1\/8.01-216.15","metadata":false},{"id":69043,"structure_id":14503,"section_number":"8.01-216.16","catch_line":"Civil investigative demands; oral examinations","url":"\/8.01-216.16\/","token":"8.01\/3\/19.1\/8.01-216.16","metadata":false},{"id":77256,"structure_id":14503,"section_number":"8.01-216.17","catch_line":"Civil investigative demands; custodian of documents; answers","url":"\/8.01-216.17\/","token":"8.01\/3\/19.1\/8.01-216.17","metadata":false},{"id":58226,"structure_id":14503,"section_number":"8.01-216.18","catch_line":"Civil investigative demands; judicial proceedings for noncompliance","url":"\/8.01-216.18\/","token":"8.01\/3\/19.1\/8.01-216.18","metadata":false},{"id":57943,"structure_id":14503,"section_number":"8.01-216.19","catch_line":"Application of the Rules of the Supreme Court","url":"\/8.01-216.19\/","token":"8.01\/3\/19.1\/8.01-216.19","metadata":false},{"id":70410,"structure_id":14503,"section_number":"8.01-216.2","catch_line":"Definitions","url":"\/8.01-216.2\/","token":"8.01\/3\/19.1\/8.01-216.2","metadata":false},{"id":86532,"structure_id":14503,"section_number":"8.01-216.3","catch_line":"False claims; civil penalty","url":"\/8.01-216.3\/","token":"8.01\/3\/19.1\/8.01-216.3","metadata":false},{"id":84880,"structure_id":14503,"section_number":"8.01-216.4","catch_line":"Attorney General; investigation, civil action","url":"\/8.01-216.4\/","token":"8.01\/3\/19.1\/8.01-216.4","metadata":false},{"id":55916,"structure_id":14503,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","url":"\/8.01-216.5\/","token":"8.01\/3\/19.1\/8.01-216.5","metadata":false},{"id":75094,"structure_id":14503,"section_number":"8.01-216.6","catch_line":"Rights of private plaintiff and Commonwealth","url":"\/8.01-216.6\/","token":"8.01\/3\/19.1\/8.01-216.6","metadata":false},{"id":58483,"structure_id":14503,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","url":"\/8.01-216.7\/","token":"8.01\/3\/19.1\/8.01-216.7","metadata":false},{"id":75318,"structure_id":14503,"section_number":"8.01-216.8","catch_line":"Certain actions barred; relief from employment discrimination; waiver of sovereign immunity","url":"\/8.01-216.8\/","token":"8.01\/3\/19.1\/8.01-216.8","metadata":false},{"id":66313,"structure_id":14503,"section_number":"8.01-216.9","catch_line":"Procedure; statute of limitations","url":"\/8.01-216.9\/","token":"8.01\/3\/19.1\/8.01-216.9","metadata":false}],"previous_section":{"id":70410,"structure_id":14503,"section_number":"8.01-216.2","catch_line":"Definitions","url":"\/8.01-216.2\/","token":"8.01\/3\/19.1\/8.01-216.2","metadata":false},"next_section":{"id":84880,"structure_id":14503,"section_number":"8.01-216.4","catch_line":"Attorney General; investigation, civil action","url":"\/8.01-216.4\/","token":"8.01\/3\/19.1\/8.01-216.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.3\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 842<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapter 589<\/a>; in 2007, chapter 569<\/a>; in 2011, chapter 676<\/a>; in 2018, chapter 624<\/a>; in 2020, chapter 791<\/a>; in 2022, chapter 553<\/a>.<\/p>","references":[{"id":84880,"section_number":"8.01-216.4","catch_line":"Attorney General; investigation, civil action","order_by":null,"url":"\/8.01-216.4\/"},{"id":55916,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","order_by":null,"url":"\/8.01-216.5\/"},{"id":58483,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","order_by":null,"url":"\/8.01-216.7\/"}],"refers_to":[{"id":74036,"section_number":"18.2-325","catch_line":"Definitions","order_by":null,"url":"\/18.2-325\/"},{"id":84355,"section_number":"18.2-340.15","catch_line":"State control of charitable gaming","order_by":null,"url":"\/18.2-340.15\/"}],"permalink":{"id":280345,"object_type":"law","relational_id":86532,"identifier":"8.01-216.3","token":"8.01\/3\/19.1\/8.01-216.3","url":"\/8.01-216.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.3\/","token":"8.01\/3\/19.1\/8.01-216.3","dublin_core":{"Title":"False claims; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Knowingly<\/span> presents, or causes to be presented, a false or fraudulent claim<\/span> for payment or approval; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Knowingly<\/span> makes, uses, or causes to be made or used, a false record or statement material<\/span> to a false or fraudulent claim<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Conspires to commit a violation of subdivision 1, 2, 4, 5, 6, 7, 8, or 9; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Has possession<\/span>, custody<\/span>, or control of property or money used, or to be used, by the Commonwealth<\/span> and knowingly<\/span> delivers, or causes to be delivered, less than all such money or property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Has possession<\/span>, custody<\/span>, or control of an illegal gambling device, as defined in § 18.2-325<\/a>, knowing<\/span> such device is illegal, and knowingly<\/span> conceals, avoids, or decreases an obligation<\/span> to pay or transmit money to the Commonwealth<\/span> that is derived from the operation of such device; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Manufactures for sale, sells, or distributes an illegal gaming device knowing<\/span> that such device is or is intended to be operated in the Commonwealth<\/span> in violation of Article 1 (§ 18.2-325<\/a> et seq.) or Article 1.1:1 (§ 18.2-340.15<\/a> et seq.) of Chapter 8 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Commonwealth<\/span> and, intending to defraud the Commonwealth<\/span>, makes or delivers the receipt without completely knowing<\/span> that the information on the receipt is true; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Knowingly<\/span> buys or receives as a pledge of an obligation<\/span> or debt, public property from an officer or employee<\/span> of the Commonwealth<\/span> who lawfully may not sell or pledge the property; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Knowingly<\/span> makes, uses, or causes to be made or used, a false record or statement material<\/span> to an obligation<\/span> to pay or transmit money or property to the Commonwealth<\/span> or knowingly<\/span> conceals or knowingly<\/span> and improperly avoids or decreases an obligation<\/span> to pay or transmit money or property to the Commonwealth<\/span>;\n\t\t\t\tshall be liable to the Commonwealth<\/span> for a civil penalty<\/span> of not less than $10,957 and not more than $21,916, except that these lower and upper limits on liability shall automatically be adjusted to equal the amounts allowed under the Federal False Claims<\/span> Act, 31 U.S.C. § 3729 et seq., as amended, as such penalties in the Federal False Claims<\/span> Act are adjusted for inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C. § 2461 Note, P.L. 101-410), plus three times the amount of damages<\/span> sustained by the Commonwealth<\/span>.\n\t\t\t\tA person<\/span> violating this section shall be liable to the Commonwealth<\/span> for reasonable attorney fees and costs of a civil action<\/span> brought to recover any such penalties or damages<\/span>. All such fees and costs shall be paid to the Attorney General<\/span>’s Office by the defendant<\/span> and shall not be included in any damages<\/span> or civil penalties recovered in a civil action<\/span> based on a violation of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> finds that (i) the person<\/span> committing the violation of this section furnished officials of the Commonwealth<\/span> responsible for investigating false claims<\/span> violations with all information known to the person<\/span> about the violation within 30 days after the date on which the defendant<\/span> first obtained the information; (ii) such person<\/span> fully cooperated with any Commonwealth<\/span> investigation<\/span> of such violation; (iii) at the time such person<\/span> furnished the Commonwealth<\/span> with the information about the violation, no criminal prosecution<\/span>, civil action<\/span>, or administrative action had commenced with respect to such violation; and (iv) the person<\/span> did not have actual knowledge of the existence of an investigation<\/span> into such violation, the court<\/span> may assess not less than two times the amount of damages<\/span> that the Commonwealth<\/span> sustains<\/span> because of the act of that person<\/span>. A person<\/span> violating this section shall also be liable to the Commonwealth<\/span> for the costs of a civil action<\/span> brought to recover any such penalty<\/span> or damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section, the terms “knowing<\/span>” and “knowingly<\/span>” mean that a person<\/span>, with respect to information, (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information and require no proof of specific intent<\/span> to defraud. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subdivision A 5, this section shall not apply to claims<\/span>, records, or statements relating to state or local taxes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFALSE CLAIMS; CIVIL PENALTY (\u00a7 8.01-216.3)\n\nA. Any person who:\n\n 1. Knowingly presents, or causes to be presented, a false or fraudulent claim\n for payment or approval;\n\n 2. Knowingly makes, uses, or causes to be made or used, a false record or\n statement material to a false or fraudulent claim;\n\n 3. Conspires to commit a violation of subdivision 1, 2, 4, 5, 6, 7, 8, or 9;\n\n 4. Has possession, custody, or control of property or money used, or to be\n used, by the Commonwealth and knowingly delivers, or causes to be delivered,\n less than all such money or property;\n\n 5. Has possession, custody, or control of an illegal gambling device, as\n defined in § 18.2-325, knowing such device is illegal, and knowingly\n conceals, avoids, or decreases an obligation to pay or transmit money to the\n Commonwealth that is derived from the operation of such device;\n\n 6. Manufactures for sale, sells, or distributes an illegal gaming device\n knowing that such device is or is intended to be operated in the Commonwealth\n in violation of Article 1 (§ 18.2-325 et seq.) or Article 1.1:1 (§\n 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;\n\n 7. Is authorized to make or deliver a document certifying receipt of property\n used, or to be used, by the Commonwealth and, intending to defraud the\n Commonwealth, makes or delivers the receipt without completely knowing that\n the information on the receipt is true;\n\n 8. Knowingly buys or receives as a pledge of an obligation or debt, public\n property from an officer or employee of the Commonwealth who lawfully may not\n sell or pledge the property; or\n\n 9. Knowingly makes, uses, or causes to be made or used, a false record or\n statement material to an obligation to pay or transmit money or property to\n the Commonwealth or knowingly conceals or knowingly and improperly avoids or\n decreases an obligation to pay or transmit money or property to the\n Commonwealth;\n \t\t\t\tshall be liable to the Commonwealth for a civil penalty of not less than\n $10,957 and not more than $21,916, except that these lower and upper limits on\n liability shall automatically be adjusted to equal the amounts allowed under\n the Federal False Claims Act, 31 U.S.C. § 3729 et seq., as amended, as\n such penalties in the Federal False Claims Act are adjusted for inflation by\n the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28\n U.S.C. § 2461 Note, P.L. 101-410), plus three times the amount of damages\n sustained by the Commonwealth.\n \t\t\t\tA person violating this section shall be liable to the Commonwealth for\n reasonable attorney fees and costs of a civil action brought to recover any\n such penalties or damages. All such fees and costs shall be paid to the\n Attorney General’s Office by the defendant and shall not be included in\n any damages or civil penalties recovered in a civil action based on a\n violation of this section.\n\nB. If the court finds that (i) the person committing the violation of this\nsection furnished officials of the Commonwealth responsible for investigating\nfalse claims violations with all information known to the person about the\nviolation within 30 days after the date on which the defendant first obtained\nthe information; (ii) such person fully cooperated with any Commonwealth\ninvestigation of such violation; (iii) at the time such person furnished the\nCommonwealth with the information about the violation, no criminal prosecution,\ncivil action, or administrative action had commenced with respect to such\nviolation; and (iv) the person did not have actual knowledge of the existence of\nan investigation into such violation, the court may assess not less than two\ntimes the amount of damages that the Commonwealth sustains because of the act of\nthat person. A person violating this section shall also be liable to the\nCommonwealth for the costs of a civil action brought to recover any such penalty\nor damages.\n\nC. For purposes of this section, the terms “knowing” and\n“knowingly” mean that a person, with respect to information, (i) has\nactual knowledge of the information; (ii) acts in deliberate ignorance of the\ntruth or falsity of the information; or (iii) acts in reckless disregard of the\ntruth or falsity of the information and require no proof of specific intent to\ndefraud.\n\nD. Except as provided in subdivision A 5, this section shall not apply to\nclaims, records, or statements relating to state or local taxes.\n\nHISTORY: 2002, c. 842; 2004, c. 589; 2007, c. 569; 2011, c. 676; 2018, c. 624;\n2020, c. 791; 2022, c. 553.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}