2006 Code of Virginia § 8.01-216.7 - Award to private plaintiff

8.01-216.7. Award to private plaintiff.

A. Except as hereinafter provided, if the Commonwealth proceeds with anaction brought by a person under 8.01-216.5, such person shall receive atleast fifteen percent but not more than twenty-five percent of the proceedsof the action or settlement of the claim, depending upon the extent to whichthe person substantially contributed to the prosecution of the action. Wherethe action is one that the court finds to be based primarily on disclosuresof specific information, other than information provided by the personbringing the action, relating to allegations or transactions in a criminal,civil, or administrative hearing, in a legislative, administrative, orAuditor of Public Accounts' report, hearing, audit, or investigation, or fromthe 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 thesignificance of the information and the role of the person bringing theaction in advancing the case to litigation. Any payment to a person underthis section shall be made from the proceeds of the award. Any such personshall also receive an amount for reasonable expenses that the court finds tohave been necessarily incurred, plus reasonable attorneys' fees and costs.All such expenses, fees, and costs shall be awarded against the defendant.

B. If the Commonwealth does not proceed with an action, the person bringingthe action or settling the claim shall receive an amount that the courtdecides is reasonable for collecting the civil penalty and damages. Theamount shall be not less than twenty-five percent and not more than thirtypercent of the proceeds of the award or settlement and shall be paid out ofthe proceeds. Such person shall also receive an amount for reasonableexpenses that the court finds to have been necessarily incurred, plusreasonable attorneys' fees and costs. All such expenses, fees, and costsshall be awarded against the defendant.

C. Whether or not the Commonwealth proceeds with the action, if the courtfinds that the action was brought by a person who planned and initiated theviolation of 8.01-216.3 upon which the action was brought, or if the personbringing the action is convicted of criminal conduct arising from his role inthe violation of 8.01-216.3, that person shall be dismissed from the civilaction and shall not receive any share of the proceeds of the action. Suchdismissal shall not prejudice the right of the Commonwealth to continue theaction.

D. If the Commonwealth does not proceed with the action and the personbringing the action conducts the action, the court may award to the defendantits reasonable attorneys' fees and expenses if the defendant prevails in theaction and the court finds that the claim of the person bringing the actionwas clearly frivolous, clearly vexatious, or brought primarily for purposesof harassment.

(2002, c. 842.)