Illinois False Claims Act

A private person may bring a civil action for a violation of the Illinois for the person and for the State. In the case of a successful action, the whistleblower shall receive 15% - 30% of the proceeds of the action or settlement of the claim, plus an amount for expenses, attorney’s fees, and case costs. The Illinois FCA also protects whistleblowers against retaliation for engaging in protected activity.

Under the Illinois False Claims Act, 740 ILCS 175, any person who:

  • (A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
  • (B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
  • (C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
  • (D) has possession, custody, or control of property or money used, or to be used, by the State and knowingly delivers, or causes to be delivered, less than all the money or property;
  • (E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
  • (F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the State, or a member of the Guard, who lawfully may not sell or pledge property; or
  • (G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State,

is liable to the State for a civil penalty of $5,500 - $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person.

Illinois is one of the few states in which whistleblowers can bring a qui tam action for vendors’ failure to collect and remit states sales tax.

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