                                 CODE OF VIRGINIA

DEFINITIONS (§ 8.01-216.2)

As used in this article, unless the context requires otherwise:
		&#8220;Attorney General&#8221; means the Attorney General of Virginia, the
Chief Deputy, other deputies, counsels or assistant attorneys general employed
by the Office of the Attorney General and designated by the Attorney General to
act pursuant to this article.
		&#8220;Claim&#8221; means any request or demand, whether under a contract or
otherwise, for money or property, regardless of whether the Commonwealth has
title to the money or property, that (i) is presented to an officer, employee,
or agent of the Commonwealth or (ii) is made to a contractor, grantee, or other
recipient (a) if the money or property is to be spent or used on the
Commonwealth&#8217;s behalf or to advance a governmental program or interest and
(b) if the Commonwealth provides or has provided any portion of the money or
property requested or demanded or will reimburse such contractor, grantee, or
other recipient for any portion of the money or property that is requested or
demanded. For purposes of this article, &#8220;claim&#8221; does not include
requests or demands for money or property that the Commonwealth has paid to an
individual as compensation for employment with the Commonwealth or as income
subsidy with no restriction on that individual&#8217;s use of the money or
property.
		&#8220;Commonwealth&#8221; means the Commonwealth of Virginia, any agency of
state government, and any political subdivision of the Commonwealth.
		&#8220;Documentary material&#8221; means the original or any copy of any book,
record, report, memorandum, paper, communication, tabulation, chart, or other
document, or data compilations stored in or accessible through computer or other
information retrieval systems, together with instructions and all other
materials necessary to use or interpret such data compilations, and any product
of discovery.
		&#8220;Employee&#8221; includes an employee or officer of the Commonwealth.
		&#8220;Employer&#8221; includes the Commonwealth.
		&#8220;Investigation&#8221; means any inquiry conducted by an investigator for
the purpose of ascertaining whether any person is or has been engaged in any
violation of this article.
		&#8220;Material&#8221; means having a natural tendency to influence, or be
capable of influencing, the payment or receipt of money or property.
		&#8220;Obligation&#8221; means an established duty, whether or not fixed,
arising from (i) an express or implied contractual, grantor-grantee, or
licensor-licensee relationship; (ii) a fee-based or similar relationship; (iii)
a statute or regulation; or (iv) the retention of any overpayment.
		&#8220;Official use&#8221; means any use that is consistent with the law,
regulations, and policies of the Commonwealth, including use in connection with
(i) internal memoranda and reports of the Office of the Attorney General; (ii)
communications between the Office of the Attorney General and a federal, state,
or local government agency, or a contractor of a federal, state, or local
government agency, undertaken in furtherance of an Office of the Attorney
General investigation or prosecution of a case; (iii) interviews of any qui tam
relator or other witness; (iv) oral examinations; (v) depositions; (vi) the
preparation for and response to civil discovery requests; (vii) the introduction
into the record of a case or proceeding; (viii) applications, motions,
memoranda, and briefs submitted to a court or other tribunal; and (ix)
communications with government investigators, auditors, consultants, experts,
the counsel of other parties, arbitrators, and mediators, concerning an
investigation, case, or proceeding.
		&#8220;Person&#8221; includes any natural person, corporation, firm,
association, organization, partnership, limited liability company, business or
trust.
		&#8220;Product of discovery&#8221; means (i) the original or duplicate of any
deposition, interrogatory, document, thing, result of the inspection of land or
other property, examination, or admission, which is obtained by any method of
discovery in any judicial or administrative proceeding of an adversarial nature;
(ii) any digest, analysis, selection, compilation, or derivation of any item
listed in clause (i); and (iii) any index or other manner of access to any item
listed in clause (i).

HISTORY: 2002, c. 842; 2011, cc. 651, 676.