Illinois
Other state qui tam laws
The Illinois Whistleblower Reward and Protection Act imposes liability on persons who, among other violations, knowingly present false or fraudulent claims for payment to the state or local governments; misappropriate government property; or deceptively conceal or avoid an obligation to pay the government.
A defendant may be ordered to pay up to three times the actual harm to the state, plus a fine of between $5,500 and $11,000 for each violation of the Act. Successful whistleblowers may receive between 15 and 25 percent of any recovery by the state if the Illinois Attorney General prosecutes the matter. If the plaintiff proceeds with the case on his own, he may receive between 25 and 30 percent of amount recovered. The court may reduce the value of the award if the whistleblower planned or initiated the fraud, or if the action is largely based on information disclosed in the media or public hearings.
The Illinois Act also protects whistleblowers from retaliation by their employers.
Plaintiffs may not file their complaint more than ten years after the date on which the violation occurred.
As amended by P.A. 96-1304, effective July 27, 2010.
Illinois False Claims Whistleblower Reward and Protection Act
(740 ILCS 175/1)
Sec. 1. This Act may be cited as the Illinois False Claims Whistleblower Reward and Protection Act.
(Source: P.A. 87-662; 96-1304, eff. 7-27-10.)
(740 ILCS 175/2)
Sec. 2. Definitions. As used in this Act:
(a) "State" means the State of Illinois; any agency of
State government; the system of State colleges and
universities, any school district, community college district,
county, municipality, municipal corporation, unit of local
government, and any combination of the above under an
intergovernmental agreement that includes provisions for a
governing body of the agency created by the agreement.
(b) "Guard" means the Illinois National Guard.
(c) "Investigation" means any inquiry conducted by any
investigator for the purpose of ascertaining whether any person
is or has been engaged in any violation of this Act.
(d) "Investigator" means a person who is charged by the
Attorney General or the Department of State Police with the
duty of conducting any investigation under this Act, or any
officer or employee of the State acting under the direction and
supervision of the Attorney General or the Department of State
Police, through the Division of Operations or the Division of
Internal Investigation, in the course of an investigation.
(e) "Documentary material" includes the original or any
copy of any book, record, report, memorandum, paper,
communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or other
information retrieval systems, together with instructions and
all other materials necessary to use or interpret such data
compilations, and any product of discovery.
(f) "Custodian" means the custodian, or any deputy
custodian, designated by the Attorney General under subsection
(i)(1) of Section 6.
(g) "Product of discovery" includes:
(1) the original or duplicate of any deposition,
interrogatory, document, thing, result of the inspection
of land or other property, examination, or admission, which
is obtained by any method of discovery in any judicial or
administrative proceeding of an adversarial nature;
(2) any digest, analysis, selection, compilation, or
derivation of any item listed in paragraph (1); and
(3) any index or other manner of access to any item
listed in paragraph (1).
(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)
(740 ILCS 175/3)
Sec. 3. False claims.
(a) Liability for certain acts.
(1) In general, any Any person who:
(A) (1) knowingly presents, or causes to be
presented, to an officer or employee of the State or a
member of the Guard a false or fraudulent claim for
payment or approval;
(B) (2) knowingly makes, uses, or causes to be made
or used, a false record or statement material to get a
false or fraudulent claim paid or approved by the
State;
(C) (3) conspires to commit a violation of
subparagraph (A), (B), (D), (E), (F), or (G) defraud
the State by getting a false or fraudulent claim
allowed or paid;
(D) (4) has possession, custody, or control of
property or money used, or to be used, by the State and
knowingly , intending to defraud the State or willfully
to conceal the property, delivers, or causes to be
delivered, less than all the money or property than the
amount for which the person receives a certificate or
receipt;
(E) is (5) 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) (6) 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 the property; or
(G) (7) knowingly makes, uses, or causes to be made
or used, a false record or statement material to
conceal, avoid or decrease 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, ;
(8) knowingly takes adverse employment action against
an employee for disclosing information to a government or
law enforcement agency, if the employee has reasonable
cause to believe that the information discloses a violation
of State or federal law, rule, or regulation; or
(9) knowingly retaliates against an employee who has
disclosed information in a court, an administrative
hearing, before a legislative commission or committee, or
in another proceeding and discloses information, if the
employee has reasonable cause to believe that the
information discloses a violation of State or federal law,
rule, or regulation,
is liable to the State for a civil penalty of not less than
$5,500 and not more than $11,000, plus 3 times the amount
of damages which the State sustains because of the act of
that person. The penalties in this Section are intended to
be remedial rather than punitive, and shall not preclude,
nor be precluded by, a criminal prosecution for the same
conduct.
(2) A person violating this subsection (a) shall also
be liable to the State for the costs of a civil action
brought to recover any such penalty or damages.
(b) Definitions. For purposes of this Section:
(1) The Knowing and knowingly defined. As used in this
Section, the terms "knowing" and "knowingly":
(A) mean that a person, with respect to
information:
(i) (1) has actual knowledge of the
information;
(ii) (2) acts in deliberate ignorance of the
truth or falsity of the information; or
(iii) (3) acts in reckless disregard of the
truth or falsity of the information, and
(B) require no proof of specific intent to defraud
is required.
(2) The term (c) Claim defined. As used in this
Section, "claim": includes
(A) means any request or demand, whether under a
contract or otherwise, for money or property and
whether or not the State has title to the money or
property, that
(i) is presented to an officer, employee, or
agent of the State; or
(ii) which is made to a contractor, grantee, or
other recipient, if the money or property is to be
spent or used on the State's behalf or to advance a
State program or interest, and if the State:
(I) provides or has provided any portion
of the money or property which is requested or
demanded; , or
(II) if the State will reimburse such
contractor, grantee, or other recipient for
any portion of the money or property which is
requested or demanded; and .
(B) does not include requests or demands for money
or property that the State has paid to an individual as
compensation for State employment or as an income
subsidy with no restrictions on that individual's use
of the money or property. A claim also includes a
request or demand for money damages or injunctive
relief on behalf of an employee who has suffered an
adverse employment action taken in violation of
paragraphs (8) or (9) of subsection (a).
(3) The term "obligation" means an established duty,
whether or not fixed, arising from an express or implied
contractual, grantor-grantee, or licensor-licensee
relationship, from a fee-based or similar relationship,
from statute or regulation, or from the retention of any
overpayment.
(4) The term "material" means having a natural tendency
to influence, or be capable of influencing, the payment or
receipt of money or property.
(c) (d) Exclusion. This Section does not apply to claims,
records, or statements made under the Illinois Income Tax Act.
(Source: P.A. 94-1059, eff. 7-31-06; 95-128, eff. 1-1-08.)
(740 ILCS 175/4)
Sec. 4. Civil actions for false claims.
(a) Responsibilities of the Attorney General and the
Department of State Police. The Attorney General or the
Department of State Police shall diligently investigate a civil
violation under Section 3, except for civil violations under
Section 3 that relate to and adversely affect primarily the
system of State colleges and universities, any school district,
any public community college district, any municipality,
municipal corporations, units of local government, or any
combination of the above under an intergovernmental agreement
that includes provisions for a governing board of the agency
created by the agreement. If the The Attorney General finds
that a person violated or is violating Section 3, the Attorney
General may bring a civil action under this Section against the
any person that has violated or is violating Section 3.
The State shall receive an amount for reasonable expenses
that the court finds to have been necessarily incurred by the
Attorney General, including reasonable attorneys' fees and
costs. All such expenses, fees, and costs shall be awarded
against the defendant. The court may award amounts from the
proceeds of an action or settlement that it considers
appropriate to any governmental entity or program that has been
adversely affected by a defendant. The Attorney General, if
necessary, shall direct the State Treasurer to make a
disbursement of funds as provided in court orders or settlement
agreements.
(b) Actions by private persons.
(1) A person may bring a civil action for a violation
of Section 3 for the person and for the State. The action
shall be brought in the name of the State. The action may
be dismissed only if the court and the Attorney General
give written consent to the dismissal and their reasons for
consenting.
(2) A copy of the complaint and written disclosure of
substantially all material evidence and information the
person possesses shall be served on the State. The
complaint shall be filed in camera, shall remain under seal
for at least 60 days, and shall not be served on the
defendant until the court so orders. The State may elect to
intervene and proceed with the action within 60 days after
it receives both the complaint and the material evidence
and information.
(3) The State may, for good cause shown, move the court
for extensions of the time during which the complaint
remains under seal under paragraph (2). Any such motions
may be supported by affidavits or other submissions in
camera. The defendant shall not be required to respond to
any complaint filed under this Section until 20 days after
the complaint is unsealed and served upon the defendant.
(4) Before the expiration of the 60-day period or any
extensions obtained under paragraph (3), the State shall:
(A) proceed with the action, in which case the
action shall be conducted by the State; or
(B) notify the court that it declines to take over
the action, in which case the person bringing the
action shall have the right to conduct the action.
(5) When a person brings an action under this
subsection (b), no person other than the State may
intervene or bring a related action based on the facts
underlying the pending action.
(c) Rights of the parties to Qui Tam actions.
(1) If the State proceeds with the action, it shall
have the primary responsibility for prosecuting the
action, and shall not be bound by an act of the person
bringing the action. Such person shall have the right to
continue as a party to the action, subject to the
limitations set forth in paragraph (2).
(2) (A) The State may dismiss the action
notwithstanding the objections of the person
initiating the action if the person has been notified
by the State of the filing of the motion and the court
has provided the person with an opportunity for a
hearing on the motion.
(B) The State may settle the action with the
defendant notwithstanding the objections of the person
initiating the action if the court determines, after a
hearing, that the proposed settlement is fair,
adequate, and reasonable under all the circumstances.
Upon a showing of good cause, such hearing may be held
in camera.
(C) Upon a showing by the State that unrestricted
participation during the course of the litigation by
the person initiating the action would interfere with
or unduly delay the State's prosecution of the case, or
would be repetitious, irrelevant, or for purposes of
harassment, the court may, in its discretion, impose
limitations on the person's participation, such as:
(i) limiting the number of witnesses the
person may call:
(ii) limiting the length of the testimony of
such witnesses;
(iii) limiting the person's cross-examination
of witnesses; or
(iv) otherwise limiting the participation by
the person in the litigation.
(D) Upon a showing by the defendant that
unrestricted participation during the course of the
litigation by the person initiating the action would be
for purposes of harassment or would cause the defendant
undue burden or unnecessary expense, the court may
limit the participation by the person in the
litigation.
(3) If the State elects not to proceed with the action,
the person who initiated the action shall have the right to
conduct the action. If the State so requests, it shall be
served with copies of all pleadings filed in the action and
shall be supplied with copies of all deposition transcripts
(at the State's expense). When a person proceeds with the
action, the court, without limiting the status and rights
of the person initiating the action, may nevertheless
permit the State to intervene at a later date upon a
showing of good cause.
(4) Whether or not the State proceeds with the action,
upon a showing by the State that certain actions of
discovery by the person initiating the action would
interfere with the State's investigation or prosecution of
a criminal or civil matter arising out of the same facts,
the court may stay such discovery for a period of not more
than 60 days. Such a showing shall be conducted in camera.
The court may extend the 60-day period upon a further
showing in camera that the State has pursued the criminal
or civil investigation or proceedings with reasonable
diligence and any proposed discovery in the civil action
will interfere with the ongoing criminal or civil
investigation or proceedings.
(5) Notwithstanding subsection (b), the State may
elect to pursue its claim through any alternate remedy
available to the State, including any administrative
proceeding to determine a civil money penalty. If any such
alternate remedy is pursued in another proceeding, the
person initiating the action shall have the same rights in
such proceeding as such person would have had if the action
had continued under this Section. Any finding of fact or
conclusion of law made in such other proceeding that has
become final shall be conclusive on all parties to an
action under this Section. For purposes of the preceding
sentence, a finding or conclusion is final if it has been
finally determined on appeal to the appropriate court, if
all time for filing such an appeal with respect to the
finding or conclusion has expired, or if the finding or
conclusion is not subject to judicial review.
(d) Award to Qui Tam plaintiff.
(1) If the State proceeds with an action brought by a
person under subsection (b), such person shall, subject to
the second sentence of this paragraph, receive at least 15%
but not more than 25% of the proceeds of the action or
settlement of the claim, depending upon the extent to which
the person substantially contributed to the prosecution of
the action. Where the action is one which the court finds
to be based primarily on disclosures of specific
information (other than information provided by the person
bringing the action) relating to allegations or
transactions in a criminal, civil, or administrative
hearing, in a legislative, administrative, or Auditor
General's report, hearing, audit, or investigation, or
from the news media, the court may award such sums as it
considers appropriate, but in no case more than 10% of the
proceeds, taking into account the significance of the
information and the role of the person bringing the action
in advancing the case to litigation. Any payment to a
person under the first or second sentence of this paragraph
(1) shall be made from the proceeds. Any such person shall
also receive an amount for reasonable expenses which the
court finds to have been necessarily incurred, plus
reasonable attorneys' fees and costs. The State shall also
receive an amount for reasonable expenses which the court
finds to have been necessarily incurred by the Attorney
General, including reasonable attorneys' fees and costs,
and the amount received shall be deposited in the
Whistleblower Reward and Protection Fund created under
this Act. All such expenses, fees, and costs shall be
awarded against the defendant. The court may award amounts
from the proceeds of an action or settlement that it
considers appropriate to any governmental entity or
program that has been adversely affected by a defendant.
The Attorney General, if necessary, shall direct the State
Treasurer to make a disbursement of funds as provided in
court orders or settlement agreements. When the system of
State colleges and universities, any school district, any
public community college district, any municipality, any
municipal corporation, any unit of local government, or any
combination of the above under an intergovernmental
agreement has been adversely affected by a defendant, the
court may award such sums as it considers appropriate to
the affected entity, specifying in its order the amount to
be awarded to the entity from the net proceeds that are
deposited in the Whistleblower Reward and Protection Fund.
(2) If the State does not proceed with an action under
this Section, the person bringing the action or settling
the claim shall receive an amount which the court decides
is reasonable for collecting the civil penalty and damages.
The amount shall be not less than 25% and not more than 30%
of the proceeds of the action or settlement and shall be
paid out of such proceeds. Such person shall also receive
an amount for reasonable expenses which the court finds to
have been necessarily incurred, plus reasonable attorneys'
fees and costs. All such expenses, fees, and costs shall be
awarded against the defendant. The court may award amounts
from the proceeds of an action or settlement that it
considers appropriate to any governmental entity or
program that has been adversely affected by a defendant.
The Attorney General, if necessary, shall direct the State
Treasurer to make a disbursement of funds as provided in
court orders or settlement agreements.
(3) Whether or not the State proceeds with the action,
if the court finds that the action was brought by a person
who planned and initiated the violation of Section 3 upon
which the action was brought, then the court may, to the
extent the court considers appropriate, reduce the share of
the proceeds of the action which the person would otherwise
receive under paragraph (1) or (2) of this subsection (d),
taking into account the role of that person in advancing
the case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the
action is convicted of criminal conduct arising from his or
her role in the violation of Section 3, that person shall
be dismissed from the civil action and shall not receive
any share of the proceeds of the action. Such dismissal
shall not prejudice the right of the State to continue the
action, represented by the Attorney General.
(4) If the State does not proceed with the action and
the person bringing the action conducts the action, the
court may award to the defendant its reasonable attorneys'
fees and expenses if the defendant prevails in the action
and the court finds that the claim of the person bringing
the action was clearly frivolous, clearly vexatious, or
brought primarily for purposes of harassment.
(e) Certain actions barred.
(1) No court shall have jurisdiction over an action
brought by a former or present member of the Guard under
subsection (b) of this Section against a member of the
Guard arising out of such person's service in the Guard.
(2) (A) No court shall have jurisdiction over an action
brought under subsection (b) against a member of the
General Assembly, a member of the judiciary, or an
exempt official if the action is based on evidence or
information known to the State when the action was
brought.
(B) For purposes of this paragraph (2), "exempt
official" means any of the following officials in State
service: directors of departments established under
the Civil Administrative Code of Illinois, the
Adjutant General, the Assistant Adjutant General, the
Director of the State Emergency Services and Disaster
Agency, members of the boards and commissions, and all
other positions appointed by the Governor by and with
the consent of the Senate.
(3) In no event may a person bring an action under
subsection (b) which is based upon allegations or
transactions which are the subject of a civil suit or an
administrative civil money penalty proceeding in which the
State is already a party.
(4) (A) No court shall have jurisdiction over an
action under this Section based upon the public
disclosure of allegations or transactions in a
criminal, civil, or administrative hearing, in a
legislative, administrative, or Auditor General's
report, hearing, audit, or investigation, or from the
news media, unless the action is brought by the
Attorney General or the person bringing the action is
an original source of the information.
(B) For purposes of this paragraph (4), "original
source" means an individual who has direct and
independent knowledge of the information on which the
allegations are based and has voluntarily provided the
information to the State before filing an action under
this Section which is based on the information.
(f) State not liable for certain expenses. The State is not
liable for expenses which a person incurs in bringing an action
under this Section.
(g) Relief from retaliatory actions.
(1) In general, any Any employee, contractor, or agent
is entitled to all relief necessary to make that employee,
contractor, or agent whole, if that employee, contractor,
or agent who is discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated
against in the terms and conditions of employment by his or
her employer because of lawful acts done by the employee,
contractor, or agent on behalf of the employee, contractor,
or agent or associated others in furtherance of other
efforts to stop one or more violations of this Act an
action under this Section, including investigation for,
initiation of, testimony for, or assistance in an action
filed or to be filed under this Section, shall be entitled
to all relief necessary to make the employee whole. Such
relief
(2) Relief under paragraph (1) shall include
reinstatement with the seniority status that the such
employee, contractor, or agent would have had but for the
discrimination, 2 times the amount of back pay, interest on
the back pay, and compensation for any special damages
sustained as a result of the discrimination, including
litigation costs and reasonable attorneys' fees. An action
under this subsection (g) may be brought employee may bring
an action in the appropriate circuit court for the relief
provided in this subsection (g).
(Source: P.A. 89-260, eff. 1-1-96; 96-1304, eff. 7-27-10.)
(740 ILCS 175/5)
Sec. 5. False claims procedure.
(a) A subpoena requiring the attendance of a witness at a
trial or hearing conducted under Section 4 of this Act may be
served at any place in the State.
(b) A civil action under Section 4 may not be brought:
(1) more than 6 years after the date on which the
violation of Section 3 is committed, or
(2) more than 3 years after the date when facts
material to the right of action are known or reasonably
should have been known by the official of the State charged
with responsibility to act in the circumstances, but in no
event more than 10 years after the date on which the
violation is committed,
whichever occurs last.
(c) If the State elects to intervene and proceed with an
action brought under subsection (b) of Section 4, the State may
file its own complaint or amend the complaint of a person who
has brought an action under subsection (b) of Section 4 to
clarify or add detail to the claims in which the State is
intervening and to add any additional claims with respect to
which the State contends it is entitled to relief. For statute
of limitations purposes, any such State pleading shall relate
back to the filing date of the complaint of the person who
originally brought the action, to the extent that the claim of
the State arises out of the conduct, transactions, or
occurrences set forth, or attempted to be set forth, in the
prior complaint of that person.
(d) (c) In any action brought under Section 4, the State
shall be required to prove all essential elements of the cause
of action, including damages, by a preponderance of the
evidence.
(e) (d) Notwithstanding any other provision of law, a final
judgement rendered in favor of the State in any criminal
proceeding charging fraud or false statements, whether upon a
verdict after trial or upon a plea of guilty, shall estop the
defendant from denying the essential elements of the offense in
any action which involves the same transaction as in the
criminal proceeding and which is brought under subsection (a)
or (b) of Section 4.
(Source: P.A. 87-662; 96-1304, eff. 7-27-10.)
(740 ILCS 175/6)
Sec. 6. Subpoenas.
(a) In general.
(1) Issuance and service. Whenever the Attorney
General, or a designee (for purposes of this Section), has
reason to believe that any person may be in possession,
custody, or control of any documentary material or
information relevant to an investigation, the Attorney
General, or a designee, may, before commencing a civil
proceeding under this Act or making an election under
paragraph (4) of subsection (b) of Section 4, issue in
writing and cause to be served upon such person, a subpoena
requiring such person:
(A) to produce such documentary material for
inspection and copying,
(B) to answer, in writing, written interrogatories
with respect to such documentary material or
information,
(C) to give oral testimony concerning such
documentary material or information, or
(D) to furnish any combination of such material,
answers, or testimony.
The Attorney General may delegate the authority to issue
subpoenas under this subsection (a) to the Department of
State Police subject to conditions as the Attorney General
deems appropriate. Whenever a subpoena is an express demand
for any product of discovery, the Attorney General or his
or her delegate shall cause to be served, in any manner
authorized by this Section, a copy of such demand upon the
person from whom the discovery was obtained and shall
notify the person to whom such demand is issued of the date
on which such copy was served. Any information obtained by
the Attorney General or a designee under this Section may
be shared with any qui tam relator if the Attorney General
or designee determines it necessary as part of any False
Claims Act investigation.
(1.5) Where a subpoena requires the production of
documentary material, the respondent shall produce the
original of the documentary material, provided, however,
that the Attorney General, or a designee, may agree that
copies may be substituted for the originals. All
documentary material kept or stored in electronic form,
including electronic mail, shall be produced in native
format, as kept in the normal course of business, or as
otherwise directed by hard copy, unless the Attorney
General or designee agrees that electronic versions may be
substituted for the hard copy. The production of
documentary material shall be made at the respondent's
expense.
(2) Contents and deadlines. Each subpoena issued under
paragraph (1):
(A) Shall state the nature of the conduct
constituting an alleged violation that is under
investigation and the applicable provision of law
alleged to be violated.
(B) Shall identify the individual causing the
subpoena to be served and to whom communications
regarding the subpoena should be directed.
(C) Shall state the date, place, and time at which
the person is required to appear, produce written
answers to interrogatories, produce documentary
material or give oral testimony. The date shall not be
less than 10 days from the date of service of the
subpoena. Compliance with the subpoena shall be at the
Office of the Attorney General in either the
Springfield or Chicago location or at other location by
agreement.
(D) If the subpoena is for documentary material or
interrogatories, shall describe the documents or
information requested with specificity.
(E) Shall notify the person of the right to be
assisted by counsel.
(F) Shall advise that the person has 20 days from
the date of service or up until the return date
specified in the demand, whichever date is earlier, to
move, modify, or set aside the subpoena pursuant to
subparagraph (j)(2)(A) of this Section.
(b) Protected material or information.
(1) In general. A subpoena issued under subsection (a)
may not require the production of any documentary material,
the submission of any answers to written interrogatories,
or the giving of any oral testimony if such material,
answers, or testimony would be protected from disclosure
under:
(A) the standards applicable to subpoenas or
subpoenas duces tecum issued by a court of this State
to aid in a grand jury investigation; or
(B) the standards applicable to discovery requests
under the Code of Civil Procedure, to the extent that
the application of such standards to any such subpoena
is appropriate and consistent with the provisions and
purposes of this Section.
(2) Effect on other orders, rules, and laws. Any such
subpoena which is an express demand for any product of
discovery supersedes any inconsistent order, rule, or
provision of law (other than this Section) preventing or
restraining disclosure of such product of discovery to any
person. Disclosure of any product of discovery pursuant to
any such subpoena does not constitute a waiver of any right
or privilege which the person making such disclosure may be
entitled to invoke to resist discovery of trial preparation
materials.
(c) Service in general. Any subpoena issued under
subsection (a) may be served by any person so authorized by the
Attorney General or by any person authorized to serve process
on individuals within Illinois, through any method prescribed
in the Code of Civil Procedure or as otherwise set forth in
this Act.
(d) Service upon legal entities and natural persons.
(1) Legal entities. Service of any subpoena issued
under subsection (a) or of any petition filed under
subsection (j) may be made upon a partnership, corporation,
association, or other legal entity by:
(A) delivering an executed copy of such subpoena or
petition to any partner, executive officer, managing
agent, general agent, or registered agent of the
partnership, corporation, association or entity;
(B) delivering an executed copy of such subpoena or
petition to the principal office or place of business
of the partnership, corporation, association, or
entity; or
(C) depositing an executed copy of such subpoena or
petition in the United States mails by registered or
certified mail, with a return receipt requested,
addressed to such partnership, corporation,
association, or entity as its principal office or place
of business.
(2) Natural person. Service of any such subpoena or
petition may be made upon any natural person by:
(A) delivering an executed copy of such subpoena or
petition to the person; or
(B) depositing an executed copy of such subpoena or
petition in the United States mails by registered or
certified mail, with a return receipt requested,
addressed to the person at the person's residence or
principal office or place of business.
(e) Proof of service. A verified return by the individual
serving any subpoena issued under subsection (a) or any
petition filed under subsection (j) setting forth the manner of
such service shall be proof of such service. In the case of
service by registered or certified mail, such return shall be
accompanied by the return post office receipt of delivery of
such subpoena.
(f) Documentary material.
(1) Sworn certificates. The production of documentary
material in response to a subpoena served under this
Section shall be made under a sworn certificate, in such
form as the subpoena designates, by:
(A) in the case of a natural person, the person to
whom the subpoena is directed, or
(B) in the case of a person other than a natural
person, a person having knowledge of the facts and
circumstances relating to such production and
authorized to act on behalf of such person.
The certificate shall state that all of the documentary
material required by the demand and in the possession,
custody, or control of the person to whom the subpoena is
directed has been produced and made available to the
Attorney General.
(2) Production of materials. Any person upon whom any
subpoena for the production of documentary material has
been served under this Section shall make such material
available for inspection and copying to the Attorney
General at the place designated in the subpoena, or at such
other place as the Attorney General and the person
thereafter may agree and prescribe in writing, or as the
court may direct under subsection (j)(1). Such material
shall be made so available on the return date specified in
such subpoena, or on such later date as the Attorney
General may prescribe in writing. Such person may, upon
written agreement between the person and the Attorney
General, substitute copies for originals of all or any part
of such material.
(g) Interrogatories. Each interrogatory in a subpoena
served under this Section shall be answered separately and
fully in writing under oath and shall be submitted under a
sworn certificate, in such form as the subpoena designates by:
(1) in the case of a natural person, the person to whom
the subpoena is directed, or
(2) in the case of a person other than a natural
person, the person or persons responsible for answering
each interrogatory.
If any interrogatory is objected to, the reasons for the
objection shall be stated in the certificate instead of an
answer. The certificate shall state that all information
required by the subpoena and in the possession, custody,
control, or knowledge of the person to whom the demand is
directed has been submitted. To the extent that any information
is not furnished, the information shall be identified and
reasons set forth with particularity regarding the reasons why
the information was not furnished.
(h) Oral examinations.
(1) Procedures. The examination of any person pursuant
to a subpoena for oral testimony served under this Section
shall be taken before an officer authorized to administer
oaths and affirmations by the laws of this State or of the
place where the examination is held. The officer before
whom the testimony is to be taken shall put the witness on
oath or affirmation and shall, personally or by someone
acting under the direction of the officer and in the
officer's presence, record the testimony of the witness.
The testimony shall be taken stenographically and shall be
transcribed. When the testimony is fully transcribed, the
officer before whom the testimony is taken shall promptly
transmit a certified copy of the transcript of the
testimony in accordance with the instructions of the
Attorney General. This subsection shall not preclude the
taking of testimony by any means authorized by, and in a
manner consistent with, the Code of Civil Procedure.
(2) Persons present. The investigator conducting the
examination shall exclude from the place where the
examination is held all persons except the person giving
the testimony, the attorney for and any other
representative of the person giving the testimony, the
attorney for the State, any person who may be agreed upon
by the attorney for the State and the person giving the
testimony, the officer before whom the testimony is to be
taken, and any stenographer taking such testimony.
(3) Where testimony taken. The oral testimony of any
person taken pursuant to a subpoena served under this
Section shall be taken in the county within which such
person resides, is found, or transacts business, or in such
other place as may be agreed upon by the Attorney General
and such person.
(4) Transcript of testimony. When the testimony is
fully transcribed, the Attorney General or the officer
before whom the testimony is taken shall afford the
witness, who may be accompanied by counsel, a reasonable
opportunity to review and correct the transcript, in
accordance with the rules applicable to deposition
witnesses in civil cases. Upon payment of reasonable
charges, the Attorney General shall furnish a copy of the
transcript to the witness, except that the Attorney General
may, for good cause, limit the witness to inspection of the
official transcript of the witness' testimony.
(5) Conduct of oral testimony.
(A) Any person compelled to appear for oral
testimony under a subpoena issued under subsection (a)
may be accompanied, represented, and advised by
counsel, who may raise objections based on matters of
privilege in accordance with the rules applicable to
depositions in civil cases. If such person refuses to
answer any question, a petition may be filed in circuit
court under subsection (j)(1) for an order compelling
such person to answer such question.
(B) If such person refuses any question on the
grounds of the privilege against self-incrimination,
the testimony of such person may be compelled in
accordance with Article 106 of the Code of Criminal
Procedure of 1963.
(6) Witness fees and allowances. Any person appearing
for oral testimony under a subpoena issued under subsection
(a) shall be entitled to the same fees and allowances which
are paid to witnesses in the circuit court.
(i) Custodians of documents, answers, and transcripts.
(1) Designation. The Attorney General or his or her
delegate shall serve as custodian of documentary material,
answers to interrogatories, and transcripts of oral
testimony received under this Section.
(2) Except as otherwise provided in this Section, no
documentary material, answers to interrogatories, or
transcripts of oral testimony, or copies thereof, while in
the possession of the custodian, shall be available for
examination by any individual, except as determined
necessary by the Attorney General and subject to the
conditions imposed by him or her for effective enforcement
of the laws of this State, or as otherwise provided by
court order.
(3) Conditions for return of material. If any
documentary material has been produced by any person in the
course of any investigation pursuant to a subpoena under
this Section and:
(A) any case or proceeding before the court or
grand jury arising out of such investigation, or any
proceeding before any State agency involving such
material, has been completed, or
(B) no case or proceeding in which such material
may be used has been commenced within a reasonable time
after completion of the examination and analysis of all
documentary material and other information assembled
in the course of such investigation,
the custodian shall, upon written request of the person who
produced such material, return to such person any such
material which has not passed into the control of any
court, grand jury, or agency through introduction into the
record of such case or proceeding.
(j) Judicial proceedings.
(1) Petition for enforcement. Whenever any person
fails to comply with any subpoena issued under subsection
(a), or whenever satisfactory copying or reproduction of
any material requested in such demand cannot be done and
such person refuses to surrender such material, the
Attorney General may file, in the circuit court of any
county in which such person resides, is found, or transacts
business, or the circuit court of the county in which an
action filed pursuant to Section 4 of this Act is pending
if the action relates to the subject matter of the subpoena
and serve upon such person a petition for an order of such
court for the enforcement of the subpoena.
(2) Petition to modify or set aside subpoena.
(A) Any person who has received a subpoena issued
under subsection (a) may file, in the circuit court of
any county within which such person resides, is found,
or transacts business, and serve upon the Attorney
General a petition for an order of the court to modify
or set aside such subpoena. In the case of a petition
addressed to an express demand for any product of
discovery, a petition to modify or set aside such
demand may be brought only in the circuit court of the
county in which the proceeding in which such discovery
was obtained is or was last pending. Any petition under
this subparagraph (A) must be filed:
(i) within 20 days after the date of service of
the subpoena, or at any time before the return date
specified in the subpoena, whichever date is
earlier, or
(ii) within such longer period as may be
prescribed in writing by the Attorney General.
(B) The petition shall specify each ground upon
which the petitioner relies in seeking relief under
subparagraph (A), and may be based upon any failure of
the subpoena to comply with the provisions of this
Section or upon any constitutional or other legal right
or privilege of such person. During the pendency of the
petition in the court, the court may stay, as it deems
proper, the running of the time allowed for compliance
with the subpoena, in whole or in part, except that the
person filing the petition shall comply with any
portion of the subpoena not sought to be modified or
set aside.
(3) Petition to modify or set aside demand for product
of discovery. In the case of any subpoena issued under
subsection (a) which is an express demand for any product
of discovery, the person from whom such discovery was
obtained may file, in the circuit court of the county in
which the proceeding in which such discovery was obtained
is or was last pending, a petition for an order of such
court to modify or set aside those portions of the subpoena
requiring production of any such product of discovery,
subject to the same terms, conditions, and limitations set
forth in subparagraph (j)(2) of this Section.
(4) Jurisdiction. Whenever any petition is filed in any
circuit court under this subsection (j), such court shall
have jurisdiction to hear and determine the matter so
presented, and to enter such orders as may be required to
carry out the provisions of this Section. Any final order
so entered shall be subject to appeal in the same manner as
appeals of other final orders in civil matters. Any
disobedience of any final order entered under this Section
by any court shall be punished as a contempt of the court.
(k) Disclosure exemption. Any documentary material,
answers to written interrogatories, or oral testimony provided
under any subpoena issued under subsection (a) shall be exempt
from disclosure under the Illinois Administrative Procedure
Act.
(Source: P.A. 93-579, eff. 1-1-04; 94-940, eff. 1-1-07; 96-1304, eff. 7-27-10.)
(740 ILCS 175/7)
Sec. 7. Procedure. The Code of Civil Procedure shall apply to all
proceedings under this Act, except when that Code is inconsistent with
this Act.
(Source: P.A. 87 662.)
(740 ILCS 175/8)
Sec. 8. Funds; Grants.
(a) There is hereby created the Whistleblower Reward and
Protection Fund as a special fund in the State Treasury. All
proceeds of an action or settlement of a claim brought under
this Act shall be deposited in the Fund. Any attorneys' fees,
expenses, and costs paid by or awarded against any defendant
pursuant to Section 4 of this Act shall not be considered part
of the proceeds to be deposited in the Fund.
(b) Monies in the Fund shall be allocated, subject to
appropriation, as follows: One-sixth of the monies shall be
paid to the Attorney General and one-sixth of the monies shall
be paid to the Department of State Police for State law
enforcement purposes. The remaining two-thirds of the monies in
the Fund shall be used for payment of awards to Qui Tam
plaintiffs, for attorneys' fees and expenses, and as otherwise
specified in this Act, with any remainder to the General
Revenue Fund. The Attorney General shall direct the State
Treasurer to make disbursement of funds as provided in court
orders setting those awards, fees, and expenses. The State
Treasurer shall transfer any fund balances in excess of those
required for these purposes to the General Revenue Fund.
(Source: P.A. 87-662; 96-1304, eff. 7-27-10.)
Other state qui tam laws
