Delaware Code
Subchapter I. General Powers
§ 2512A. False Claims and Affirmative Litigation Fund.

(a) All money received by the State as a result of civil actions brought by the Attorney General (or in the name of the State) pursuant to Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, or pursuant to a written agreement by the Attorney General in settlement of the State's claims under Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, shall be credited by the State Treasurer to a fund to be known as the “False Claims and Affirmative Litigation Fund.”
(b) Money in the False Claims and Affirmative Litigation Fund shall be used for the payment of expenses incurred by the Department of Justice in connection with activities under Chapter 12 of Title 6, Chapter 71 of Title 10, § 1505 of Title 11 or, if approved by the Director of the Office of Management and Budget and the Controller General, for other Department of Justice expenses resulting from General Fund deficits. At the end of any fiscal year, if the balance in the False Claims Fund exceeds $3,000,000, the excess shall be withdrawn from the False Claims and Affirmative Litigation Fund and deposited in the General Fund.
(c) The Attorney General is authorized to expend from the False Claims and Affirmative Litigation Fund such moneys as are necessary for the payment of salaries, costs, expenses, and charges incurred in the investigation, preparation, institution, and maintenance of false claims and other affirmative civil actions brought on behalf of the State, and the maintaining of electronic discovery resources for the Department of Justice or other state agencies. The State Solicitor shall have the authority, under the direction of the Attorney General, to maintain and supervise the deposits and expenditures into and out of the False Claims and Affirmative Litigation Fund.
(d) When the State or agencies thereof, public bodies or subdivisions of the State, or qui tam plaintiffs are due a portion of the funds in the False Claims and Affirmative Litigation Fund as a result of a right to restitution, a right to reimbursement, or the operation of § 1205 of Title 6, the Attorney General is authorized to approve release of such funds to the appropriate fund, entity, or recipient.

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