Section 36.30.687. Misrepresentations, fraud, and attempted fraud.

   (a) A person who makes or uses in support of a contract claim under this chapter, a misrepresentation, or who practices or attempts to practice a fraud, at any stage of proceedings relating to a procurement or contract claim under this chapter
        (1) forfeits all claims relating to that procurement or contract; and
        (2) is liable to the state for reimbursement of all sums paid on the claim, for all costs attributable to review of the claim, and for a civil penalty equal to the amount by which the claim is misrepresented.
   (b) The procurement officer, commissioner or court shall make specific findings of misrepresentation, attempted fraud, or fraud before declaring a forfeiture under (a)(1) of this section.
   (c) Suits to recover costs and penalties under (a)(2) of this section must be commenced within six years after the discovery of the misrepresentation, fraud, or attempted fraud.
   (d) A person who in a matter relating to a procurement or a contract claim under this chapter makes a misrepresentation to the state through a trick, scheme, or device is guilty of a class C felony.
   (e) In this section, "misrepresentation" means a false or misleading statement of material fact, or conduct intended to deceive or mislead concerning material fact, whether it succeeds in deceiving or misleading.

Notes

Recent Bills that will modify this

HB 347 RECOVERY OF FALSE CLAIMS FOR STATE FUNDS
SB 211 RECOVERY OF FALSE CLAIMS FOR STATE FUNDS

Implemented As

2 AAC 12.690

References

2 AAC 12.690
3 AAC 100.600

History

(Sec. 2 ch 106 SLA 1986; am Sec. 11 ch 144 SLA 2003)