Section 5B. (a) Any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) conspires to commit a violation of this subsection; (4) knowingly presents, or causes to be presented, a claim that-includes items or services resulting from a violation of section 1128B of the Social Security Act, 42 U.S.C. 1320a–7b, or section 41 of chapter 118E; (5) has possession, custody or control of property or money used, or to be used, by the commonwealth or a political subdivision thereof and knowingly delivers, or causes to be delivered, to the commonwealth or a political subdivision thereof less than all of that property or money; (6) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the commonwealth or a political subdivision thereof and, with the intent of defrauding the commonwealth or a political subdivision thereof, makes or delivers the receipt without completely knowing that the information on the receipt is true; (7) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the commonwealth or a political subdivision thereof, who may not lawfully sell or pledge such property; (8) enters into an agreement, contract or understanding with an official of the commonwealth or a political subdivision thereof knowing the information contained therein is false; (9) knowingly makes, uses or causes to be made or used a false record or statement material to an obligation to pay or to transmit money or property to the commonwealth or a political subdivision thereof, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the commonwealth or a political subdivision thereof; or (10) is a beneficiary of an inadvertent submission of a false claim to the commonwealth or a political subdivision thereof, or is a beneficiary of an overpayment from the commonwealth or a political subdivision thereof, and who subsequently discovers the falsity of the claim or the receipt of overpayment and fails to disclose the false claim or receipt of overpayment to the commonwealth or a political subdivision by the later of: (i) the date which is 60 days after the date on which the false claim or receipt of overpayment was identified; or (ii) the date any corresponding cost report is due, if applicable, shall be liable to the commonwealth or political subdivision for a civil penalty of not less than $5,500 and not more than $11,000 per violation, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101–410 section 5, 104 Stat. 891, note following 28 U.S.C. section 2461, plus 3 times the amount of damages, including consequential damages, that the commonwealth or a political subdivision thereof sustains because of such violation. A person violating sections 5B to 5O, inclusive, shall also be liable to the commonwealth or a political subdivision thereof for the expenses of the civil action brought to recover any such penalty or damages including, without limitation, reasonable attorneys' fees, reasonable expert fees and the costs of investigation, as set forth below. Costs recoverable under said sections 5B to 5O, inclusive, shall also include the costs of any review or investigation undertaken by the attorney general, or by the state auditor or the inspector general in cooperation with the attorney general.
(b) Notwithstanding subsection (a), if the court finds that: (1) the person committing the violation of subsection (a) furnished an official of the office of the attorney general responsible for investigating a false claims law violation with all the information known to such person about the violation within 30 days after the date on which the person first obtained the information; (2) such person fully cooperated with any commonwealth investigation of such violation; and (3) at the time such person furnished the commonwealth with the information about the violation, no civil action or administrative action had commenced under sections 5B to 5O, inclusive, or no criminal prosecution had commenced with respect to such violation, and such person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not less than 2 times the amount of damages, including consequential damages, that the commonwealth or a political subdivision thereof sustains because of the act of that person.
(c) A corporation, partnership or other person shall be liable to the commonwealth under sections 5B to 5O, inclusive, for the acts of its agent where the agent acted with apparent authority, regardless of whether the agent acted, in whole or in part, to benefit the principal and regardless of whether the principal adopted or ratified the agent's claims, representation, statement or other action or conduct.
(d) Sections 5B to 5O, inclusive, shall not apply to claims, records or statements made or presented to establish, limit, reduce or evade liability for the payment of tax to the commonwealth or other governmental authority.
(e) A person who has engaged in conduct described in subsection (a) prior to payment shall only be entitled to payment from the commonwealth of the actual amount due less the excess amount falsely or fraudulently claimed.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 12 - Department of the Attorney General, and the District Attorneys
Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies
Section 2a - Attorney General; Disability; Filling Vacancies
Section 2b - Annual Personnel Report
Section 3e - Defense of Actions Against Officers or Employees
Section 4 - Claims of Commonwealth; Enforcement
Section 4a - Acceptance of Gifts or Grants of Money or Property
Section 5 - Civil Actions to Recover Money for Commonwealth
Section 5a - False Claims; Definitions Applicable to Secs. 5a to 5o
Section 5b - False Claims; Liability
Section 5d - Prosecution by Attorney General; Relator's Right to Continue as Party to Action
Section 5e - Alternate Remedies Available to Determine Civil Penalty
Section 5f - Payments to Relators; Limitations
Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund
Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability
Section 5l - Preponderance of the Evidence Standard
Section 5m - Rules, Regulations or Guidelines; Attorney General
Section 5n - Civil Investigative Demands; Attorney General
Section 5o - Agency Reporting Requirements
Section 6 - Consultation With and Giving of Advice and Assistance to District Attorneys
Section 6a - Conferences of District Attorneys and Other Officials; Notification as to New Laws
Section 7 - Persons Intruding on Land, Property or Rights of Commonwealth; Prosecution
Section 8 - Due Application of Charity Funds Enforced
Section 8a - Definitions Applicable to Secs. 8a to 8m
Section 8b - Division of Public Charities; Duties
Section 8c - Director of Public Charities; Designation
Section 8d - Employees; Appointment and Removal
Section 8f - Annual Reports of Public Charities; Financial Statements; Fees; Penalties; Enforcement
Section 8g - Attorney General as a Party; Service
Section 8h - Investigations by Attorney General
Section 8i - Compliance With Investigations; Enforcement; Penalties
Section 8j - Rules and Regulations
Section 8k - Gift for Public Charitable Purpose; Presumed Intention
Section 8m - Public Records; Inspection
Section 8n - Fees, Costs, Penalties and Other Monies; General Fund
Section 9 - Advice and Aid to General Court and Committees
Section 11 - Annual Report of Cases Handled
Section 11a - Division of Civil Rights and Liberties
Section 11b - Board of Commissioners on Uniform State Laws; Obscene Literature Commission
Section 11c - Narcotic and Harmful Drugs; Training Program for Law Enforcement Officers
Section 11d - Division of Environmental Protection
Section 11g - Local Consumer Aid Fund; Eligibility for Assistance
Section 11k - Division of Victim Compensation and Assistance
Section 11m - Division of Gaming Enforcement
Section 12 - District Attorneys; Qualifications; Election; Term; Appearances
Section 13 - Districts for Administration of Criminal Law or Defense of Civil Actions
Section 15 - Practice of Law Prohibited; Salary
Section 16 - Salaries of Assistant District Attorneys
Section 18 - Appointment of an Assistant to District Attorney; Compensation
Section 19 - Suffolk District; Appointment of Messengers and Other Employees
Section 20 - Additional Legal Assistants; Tenure; Compensation; Powers
Section 21 - Suffolk District; Police and Detective Service
Section 22 - Clerical and Stenographic Workers
Section 23 - Payment for Traveling Expenses; Exceptions
Section 24 - Expenses Payable by Commonwealth
Section 25 - Advanced Expenses; Conditions; Vouchers
Section 26 - Court Appointment of Substitute in Absence of Attorney General and District Attorney
Section 27 - District Attorneys; Duties; Control of Attorney General
Section 28 - Suits on Recognizances; Discontinuance
Section 29 - Accounting for Fees, Bills of Costs and Money Received
Section 30 - Fees for Services in Performance of Duty; Appearance in Civil Action
Section 32 - Community Based Juvenile Justice Programs; District Attorneys