(a) In addition to the penalties provided under § 22-3225.04, a person convicted under this subchapter shall make monetary restitution for any loss caused by the offense. The court shall determine the form and method of payment which, if by installment, shall not exceed 5 years.
(b) Any person, including the District, injured as the result of an insurance fraud in the first degree may bring suit in the appropriate court to recover ordinary damages including attorney’s fees and other costs and punitive damages which shall not be less than $500 nor more than $50,000. Except where punitive damages are sought, the court shall award treble damages where the offense is proven by clear and convincing evidence to be in accordance with an established pattern or practice.
(c) Notwithstanding any action that may be brought by the United States Attorney’s office to recoup its costs in prosecuting these cases, the Corporation Counsel may bring a civil suit against any person convicted under this subchapter in order to recover investigation and prosecution-related costs incurred by the District.
(d) A suit under subsection (b) of this section must be filed within 3 years of the act constituting the offense or within 3 years of the time the plaintiff discovered or with reasonable diligence could have discovered the act, whichever is later. This 3 year statute of limitations shall not apply to the District.
(e) Remedies provided in this section shall be exclusive and may not be claimed in conjunction with any other remedies available under the law.
(Dec. 1, 1982, D.C. Law 4-164, § 125e; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; June 19, 2001, D.C. Law 13-313, § 12(b), 48 DCR 1873.)
1981 Ed., § 22-3825.5.
This section is referenced in § 22-3225.08.
D.C. Law 13-313, in subsec. (a), validated a previously made technical correction.
Structure District of Columbia Code
Title 22 - Criminal Offenses and Penalties
Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion
Subchapter III-A - Insurance Fraud
§ 22–3225.02. Insurance fraud in the first degree
§ 22–3225.03. Insurance fraud in the second degree
§ 22–3225.03a. Misdemeanor insurance fraud
§ 22–3225.08. Investigation and report of insurance fraud
§ 22–3225.09. Insurance fraud prevention and detection
§ 22–3225.11. Limited law enforcement authority
§ 22–3225.12. Annual anti-fraud activity reporting requirement