{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.7.html"}],"law_id":58483,"edition_id":1,"section_id":58483,"structure_id":14503,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","history":"2002, c. 842.","full_text":"A\n\nExcept as hereinafter provided, if the Commonwealth proceeds with an action brought by a person under § 8.01-216.5, such person shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor of Public Accounts’ report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under this section shall be made from the proceeds of the award. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.B\n\nIf the Commonwealth does not proceed with an action, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent and not more than thirty percent of the proceeds of the award or settlement and shall be paid out of the proceeds. Such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.C\n\nWhether or not the Commonwealth proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 8.01-216.3 upon which the action was brought, or if the person bringing the action is convicted of criminal conduct arising from his role in the violation of § 8.01-216.3, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the Commonwealth to continue the action.D\n\nIf the Commonwealth does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.","order_by":null,"text":{"0":{"id":214343,"text":"Except as hereinafter provided, if the Commonwealth proceeds with an action brought by a person under § 8.01-216.5, such person shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor of Public Accounts’ report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under this section shall be made from the proceeds of the award. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214344,"text":"If the Commonwealth does not proceed with an action, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent and not more than thirty percent of the proceeds of the award or settlement and shall be paid out of the proceeds. Such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214345,"text":"Whether or not the Commonwealth proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 8.01-216.3 upon which the action was brought, or if the person bringing the action is convicted of criminal conduct arising from his role in the violation of § 8.01-216.3, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the Commonwealth to continue the action.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214346,"text":"If the Commonwealth does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.7\/","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.<\/p>","references":false,"refers_to":[{"id":86532,"section_number":"8.01-216.3","catch_line":"False claims; civil penalty","order_by":null,"url":"\/8.01-216.3\/"},{"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\/"}],"permalink":{"id":280361,"object_type":"law","relational_id":58483,"identifier":"8.01-216.7","token":"8.01\/3\/19.1\/8.01-216.7","url":"\/8.01-216.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.7\/","token":"8.01\/3\/19.1\/8.01-216.7","dublin_core":{"Title":"Award to private plaintiff","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as hereinafter provided, if the Commonwealth<\/span> proceeds with an action<\/span> brought by a person<\/span> under § 8.01-216.5<\/a>, such person<\/span> shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action<\/span> or settlement<\/span> of the claim<\/span>, depending upon the extent to which the person<\/span> substantially contributed to the prosecution<\/span> of the action<\/span>. Where the action<\/span> is one that the court<\/span> finds to be based primarily on disclosures of specific information, other than information provided by the person<\/span> bringing the action<\/span>, relating to allegations<\/span> or transactions in a criminal, civil, or administrative hearing<\/span>, in a legislative, administrative, or Auditor of Public Accounts’ report, hearing<\/span>, audit, or investigation<\/span>, or from the news media, the court<\/span> may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person<\/span> bringing the action<\/span> in advancing the case to litigation<\/span>. Any payment to a person<\/span> under this section shall be made from the proceeds of the award. Any such person<\/span> shall also receive an amount for reasonable expenses that the court<\/span> finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Commonwealth<\/span> does not proceed with an action<\/span>, the person<\/span> bringing the action<\/span> or settling the claim<\/span> shall receive an amount that the court<\/span> decides is reasonable for collecting the civil penalty<\/span> and damages<\/span>. The amount shall be not less than twenty-five percent and not more than thirty percent of the proceeds of the award or settlement<\/span> and shall be paid out of the proceeds. Such person<\/span> shall also receive an amount for reasonable expenses that the court<\/span> finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whether or not the Commonwealth<\/span> proceeds with the action, if the court<\/span> finds that the action was brought by a person<\/span> who planned and initiated the violation of § 8.01-216.3<\/a> upon which the action was brought, or if the person<\/span> bringing the action is convicted of criminal conduct arising from his role in the violation of § 8.01-216.3<\/a>, that person<\/span> shall be dismissed from the civil action<\/span> and shall not receive any share of the proceeds of the action. Such dismissal<\/span> shall not prejudice the right of the Commonwealth<\/span> to continue the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Commonwealth<\/span> does not proceed with the action and the person<\/span> bringing the action conducts the action, the court<\/span> may award to the defendant<\/span> its reasonable attorneys’ fees and expenses if the defendant<\/span> prevails in the action and the court<\/span> finds that the claim<\/span> of the person<\/span> bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAWARD TO PRIVATE PLAINTIFF (\u00a7 8.01-216.7)\n\nA. Except as hereinafter provided, if the Commonwealth proceeds with an action\nbrought by a person under § 8.01-216.5, such person shall receive at least\nfifteen percent but not more than twenty-five percent of the proceeds of the\naction or settlement of the claim, depending upon the extent to which the person\nsubstantially contributed to the prosecution of the action. Where the action is\none that the court finds to be based primarily on disclosures of specific\ninformation, other than information provided by the person bringing the action,\nrelating to allegations or transactions in a criminal, civil, or administrative\nhearing, in a legislative, administrative, or Auditor of Public Accounts’\nreport, hearing, audit, or investigation, or from the news media, the court may\naward such sums as it considers appropriate, but in no case more than ten\npercent of the proceeds, taking into account the significance of the information\nand the role of the person bringing the action in advancing the case to\nlitigation. Any payment to a person under this section shall be made from the\nproceeds of the award. Any such person shall also receive an amount for\nreasonable expenses that the court finds to have been necessarily incurred, plus\nreasonable attorneys’ fees and costs. All such expenses, fees, and costs\nshall be awarded against the defendant.\n\nB. If the Commonwealth does not proceed with an action, the person bringing the\naction or settling the claim shall receive an amount that the court decides is\nreasonable for collecting the civil penalty and damages. The amount shall be not\nless than twenty-five percent and not more than thirty percent of the proceeds\nof the award or settlement and shall be paid out of the proceeds. Such person\nshall also receive an amount for reasonable expenses that the court finds to\nhave been necessarily incurred, plus reasonable attorneys’ fees and costs.\nAll such expenses, fees, and costs shall be awarded against the defendant.\n\nC. Whether or not the Commonwealth proceeds with the action, if the court finds\nthat the action was brought by a person who planned and initiated the violation\nof § 8.01-216.3 upon which the action was brought, or if the person\nbringing the action is convicted of criminal conduct arising from his role in\nthe violation of § 8.01-216.3, that person shall be dismissed from the\ncivil action and shall not receive any share of the proceeds of the action. Such\ndismissal shall not prejudice the right of the Commonwealth to continue the\naction.\n\nD. If the Commonwealth does not proceed with the action and the person bringing\nthe action conducts the action, the court may award to the defendant its\nreasonable attorneys’ fees and expenses if the defendant prevails in the\naction and the court finds that the claim of the person bringing the action was\nclearly frivolous, clearly vexatious, or brought primarily for purposes of\nharassment.\n\nHISTORY: 2002, c. 842.","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}}