Massachusetts General Laws
Chapter 12 - Department of the Attorney General, and the District Attorneys
Section 5b - False Claims; Liability

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

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 1 - Attorney General; Supervision of Department; Salary; Qualifications; Other Sources of Income

Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies

Section 2a - Attorney General; Disability; Filling Vacancies

Section 2b - Annual Personnel Report

Section 3 - Appearances for Commonwealth, Prosecution or Defense; Rendering of Legal Services; Payment of Expenses for Representation of Department of Transportation

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 5c - Violations Under Secs. 5b to 5o; Investigation by Attorney General; Relators; Civil Actions

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 5g - Actions Brought Against Governor, Lieutenant Governor, Attorney General, Treasurer, Secretary of State, etc.; Jurisdiction

Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund

Section 5i - Awards of Attorney General Fees and Expenses; Awards of Costs and Attorney Fees Against Relators; Liability

Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability

Section 5k - Limitation of Actions; Intervention by Attorney General; Final Judgments in Criminal Proceedings

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 8e - Charitable Corporations; Registration by Filing of Information; Exceptions; Penalties; Enforcement

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 8l - Fiscal Records

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 10 - Violations of Court Orders; Restraint of Trade; Institution of Investigations and Appropriate Actions

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 11e - Public Utilities; Office of Ratepayer Advocacy; Intervention in Legal Proceedings on Behalf of Consumers; Expenditure of Funds; Expert or Consultant; Information Requests

Section 11f - Insurance Companies; Intervention in Legal Proceedings on Behalf of Consumers; Expenditure of Funds

Section 11g - Local Consumer Aid Fund; Eligibility for Assistance

Section 11h - Violations of Constitutional Rights; Civil Actions by Attorney General; Venue; Compensatory Damages; Fees and Costs; Civil Penalties

Section 11i - Violations of Constitutional Rights; Civil Actions by Aggrieved Persons; Costs and Fees

Section 11j - Violations of Constitutional Rights; Temporary Restraining Orders and Injunctions; Violations; Punishment; Vacation of Order

Section 11k - Division of Victim Compensation and Assistance

Section 11l - Unlicensed Mental Health and Unlicensed Health Professionals; Sexual Contact With Patients or Clients; Temporary Restraining Order, Injunction; Violation; Penalty

Section 11m - Division of Gaming Enforcement

Section 11n - Monitoring Health Care Market Trends; Investigation of Unfair Methods of Competition or Anti-Competitive Behavior; Exemption or Waiver From Federal Law

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 20a - Suffolk and Northern Districts; Special Assistant District Attorney, Appointment and Removal; Duties; Power; Salary

Section 20c - Special Assistant District Attorneys; Appointment, Removal and Salary; Participation in Federal Demonstration Programs

Section 20d - District Attorneys Association; Executive Director; Report on Criminally Prosecuted Child Abuse and Neglect Cases

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 25a - Advance of Expenses Necessary in Performance of Duties; Limitation; Accounting; Unexpended Balance

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

Section 33 - Domestic Violence and Sexual Violence Training Program for District Attorneys and Assistant District Attorneys

Section 34 - Pre-Arraignment Diversion Program

Section 35 - Student Loan Ombudsman