New York False Claims.
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* § 7-803. False claims. a. Any person who:
1. knowingly presents, or causes to be presented, to any city officer
or employee, a false claim for payment or approval by the city;
2. knowingly makes, uses, or causes to be made or used, a false record
or statement to get a false claim paid or approved by the city;
3. conspires to defraud the city by getting a false claim allowed or
paid by the city;
4. has possession, custody, or control of property or money used, or
to be used, directly or indirectly, by the city and, intending to
defraud the city or willfully conceal the property or money, delivers,
or causes to be delivered, less property or money than the amount for
which the person receives a certificate or receipt;
5. is authorized to make or deliver a document certifying receipt of
property used, or to be used, directly or indirectly, by the city and,
intending to defraud the city, makes or delivers the receipt without
completely knowing that the information on the receipt is true;
6. knowingly buys, or receives as a pledge of an obligation or debt,
public property from an officer or employee of the city knowing that
such officer or employee lawfully may not sell or pledge the property;
or
7. knowingly makes, uses, or causes to be made or used, a false record
or statement to conceal, avoid, or decrease, directly or indirectly, an
obligation to pay or transmit money or property to the city;
shall be liable to the city for three times the amount of damages
which the city sustains because of the act or acts of such person, and a
civil penalty of between five thousand and fifteen thousand dollars for
each violation of this section, except that any party to a civil
enforcement action commenced may request the court to assess, and the
court may agree to so assess, not more than two times the amount of
damages sustained because of the act or acts of such person if all of
the following circumstances are found:
(i) The person committing the violation of section 7-803 of this
chapter had furnished all information known to such person about such
act or acts to (a) the commissioner of investigation or (b) the
corporation counsel or a city agency head, who shall refer such
information to the commissioner of investigation, and has furnished such
information within thirty days of the date on which such person first
obtained the information;
(ii) such person fully cooperated with any government investigation of
such violation; and
(iii) at the time such person furnished information about the
violation, no criminal or civil action or proceeding, or administrative
action had commenced with respect to such violation, and the person did
not have actual knowledge of the existence of an investigation into such
violation.
b. A person who violates this section shall also be liable for the
costs, expenses and attorneys' fees of a civil enforcement action and
for the cost of the city's investigation.
* NB Repealed June 1, 2012