Illinois
Other state qui tam laws
As amended by P.A. 95-128, effective January 1, 2008.
Illinois Whistleblower Reward and Protection Act
(740 ILCS 175/1)
Sec. 1. This Act may be cited as the Whistleblower Reward and
Protection Act.
(Source: P.A. 87-662.)
(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 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 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. 91-760, eff. 1-1-01. Amended P.A. 95-128, eff. 1-1-08)
(740 ILCS 175/3)
Sec. 3. False claims.
(a) Liability for certain acts. Any person who:
(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;
(2) knowingly makes, uses, or causes to be made or used, a
false record or statement to get a false or fraudulent claim paid or
approved by the State;
(3) conspires to defraud the State by getting a false or
fraudulent claim allowed or paid;
(4) has possession, custody, or control of property or money
used, or to be used, by the State and, intending to defraud the
State or willfully to conceal the property, delivers, or causes to
be delivered, less property than the amount for which the person
receives a certificate or receipt;
(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;
(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
(7) knowingly makes, uses, or causes to be made or used, a
false record or statement to conceal, avoid or decrease 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.
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) Knowing and knowingly defined. As used in this Section, the
terms "knowing" and "knowingly" mean that a person, with respect to
information:
(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of
the information; or
(3) acts in reckless disregard of the truth or falsity of the
information, and no proof of specific intent to defraud is required.
(c) Claim defined. As used in this Section, "claim" includes any
request or demand, whether under a contract or otherwise, for money or
property which is made to a contractor, grantee, or other recipient if
the State provides any portion of the money or property which is
requested or demanded, or if the State will reimburse such contractor,
grantee, or other recipient for any portion of the money or property
which is requested or demanded.
(d) Exclusion. This Section does not apply to claims, records, or
statements made under the Illinois Income Tax Act.
(Source: P.A. 87-662. Amended P.A. 94-1059, eff. 7-31-06. Amended P.A. 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 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. The Attorney
General may bring a civil action under this Section against any person
that has violated or is violating Section 3.
(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. 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.
(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.
(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) Any employee 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 on behalf of the employee or others in furtherance
of 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 shall include reinstatement with the
seniority status such employee 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 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.)
(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) 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.
(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.)
(740 ILCS 175/6)
Sec. 6. Civil investigative demands.
(a) In general.
(1) Issuance and service. Whenever the Attorney General 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 may, before commencing a civil
proceeding under this Act, issue in writing and cause to be served
upon such person, a civil investigative demand 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 shall delegate the authority to issue civil
investigative demands under this subsection (a) to the Department of
State Police. Whenever a civil investigative demand is an express
demand for any product of discovery, the Attorney General, an Assistant
Attorney General or the delegate of the Department of State Police 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.
(2) Contents and deadlines.
(A) Each civil investigative demand issued under
paragraph (1) shall state the nature of the conduct
constituting and alleged violation which is under
investigation, and the applicable provision of law alleged to
be violated.
(B) If such demand is for the production of documentary
material, the demand shall:
(i) describe each class of documentary material to
be produced with such definiteness and certainty as to
permit such material to be fairly identified;
(ii) prescribe a return date for each such class
which will provide a reasonable period of time within
which the material so demanded may be assembled and made
available for inspection and copying; and
(iii) identify the investigator to whom such
material shall be made available.
(C) If such demand is for answers to written
interrogatories, the demand shall:
(i) set forth with specificity the written
interrogatories to be answered;
(ii) prescribe dates at which time answers to
written interrogatories shall be submitted; and
(iii) identify the investigator to whom such answers
shall be submitted.
(D) If such demand is for the giving of oral testimony,
the demand shall:
(i) prescribe a date, time, and place at which oral
testimony shall be commenced;
(ii) identify an investigator who shall conduct the
examination and the custodian to whom the transcript of
such examination shall be submitted;
(iii) specify that such attendance and testimony are
necessary to the conduct of the investigation;
(iv) notify the person receiving the demand of the
right to be accompanied by an attorney and any other
representative; and
(v) describe the general purpose for which the
demand is being issued and the general nature of the
testimony, including the primary areas of inquiry, which
will be taken pursuant to the demand.
(E) Any civil investigative demand issued under this
Section which is an express demand for any product of discovery
shall not be returned or returnable until 20 days after a copy
of such demand has been served upon the person from whom the
discovery was obtained.
(F) The date prescribed for the commencement of oral
testimony pursuant to a civil investigative demand issued under
this Section shall be a date which is not less than 7 days
after the date on which demand is received, unless the Attorney
General or an Assistant Attorney General designated by the
Attorney General or the delegate of the Department of State
Police determines that exceptional circumstances are present
which warrant the commencement of such testimony within a
lesser period of time.
(G) The Attorney General or the delegate of the
Department of State Police shall not authorize the issuance
under this Section of more than one civil investigative demand
for oral testimony by the same person unless the person
requests otherwise or unless the Attorney General or the
delegate of the Department of State Police, after
investigation, notifies that person in writing that an
additional demand for oral testimony is necessary. The
Attorney General shall authorize the performance by the
delegate of the Department of State Police of any function
vested in the Attorney General under this subparagraph (G).
(b) Protected material or information.
(1) In general. A civil investigative demand 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 demand is appropriate and
consistent with the provisions and purposes of this Section.
(2) Effect on other orders, rules, and laws. Any such demand
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 express demand does not constitute a waiver of
any right or privilege which the person make such disclosure may be
entitled to invoke to resist discovery of trial preparation
materials.
(c) Service; jurisdiction.
(1) By whom served. Any civil investigative demand issued
under subsection (a) may be served by an investigator, or by any
person authorized to serve process on individuals within Illinois.
(2) Service in foreign countries. Any such demand or any
petition filed under subsection (j) may be served upon any person
who is not found within Illinois in such manner as the Code of Civil
Procedure prescribes for service of process outside Illinois. To the
extent that the courts of this State can assert jurisdiction over
any such person consistent with due process, the courts of this
State shall have the same jurisdiction to take any action respecting
compliance with this Section by any such person that such court
would have if such person were personally within the jurisdiction of
such court.
(d) Service upon legal entities and natural persons. (1) Legal
entities. Service of any civil investigative demand 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 demand 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 demand 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 demand 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 demand or petition may
be made upon any natural person by:
(A) delivering an executed copy of such demand or
petition to the person; or
(B) depositing an executed copy of such demand 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 civil investigative demand 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 demand.
(f) Documentary material. (1) Sworn certificates. The production
of documentary material in response to a civil investigative demand
served under this Section shall be made under a sworn certificate, in
such form as the demand designates, by:
(A) in the case of a natural person, the person to whom
the demand 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 demand is directed has been produced and made
available to the investigator identified in the demand.
(2) Production of materials. Any person upon whom any civil
investigative demand for the production of documentary material has
been served under this Section shall make such material available
for inspection and copying to the investigator identified in such
demand at the principal place of business of such person, or at such
other place as the investigator 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 demand, or on such later date as the
investigator may prescribe in writing. Such person may, upon
written agreement between the person and the investigator,
substitute copies for originals of all or any part of such material.
(g) Interrogatories. Each interrogatory in a civil investigative
demand 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 demand designates by:
(1) in the case of a natural person, the person to whom the
demand 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 demand 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
civil investigative demand 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 copy of the transcript of the testimony to
the custodian. 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 civil investigative demand 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 investigator conducting the examination
and such person.
(4) Transcript of testimony. When the testimony is fully
transcribed, the investigator or the officer before whom the
testimony is taken shall afford the witness, who may be accompanied
by counsel, a reasonable opportunity to examine and read the
transcript, unless such examination and reading are waived by the
witness. Any changes in form or substance which the witness desires
to make shall be entered and identified upon the transcript by the
officer or the investigator, with a statement of the reasons given
by the witness for making such changes. The transcript shall then
be signed by the witness, unless the witness in writing waives the
signing, is ill, cannot be found, or refuses to sign. If the
transcript is not signed by the witness within 30 days after being
afforded a reasonable opportunity to examine it, the officer of
investigator shall sign it and state on the record the fact of the
waiver, illness, absence of the witness, or the refusal to sign,
together with the reasons, if any, given therefor.
(5) Certification and delivery to custodian. The officer
before whom the testimony is taken shall certify on the transcript
that the witness was sworn by the officer and that the transcript is
a true record of the testimony given by the witness, and the officer
or investigator shall promptly deliver the transcript, or send the
transcript by registered or certified mail, to the custodian.
(6) Furnishing or inspection of transcript by witness. Upon
payment of reasonable charges therefor, the investigator shall
furnish a copy of the transcript to the witness only, except that
the Attorney General, an Assistant Attorney General or employee of
the Department of State Police may, for good cause, limit such
witness to inspection of the official transcript of the witness'
testimony.
(7) Conduct of oral testimony.
(A) Any person compelled to appear for oral testimony
under a civil investigative demand issued under subsection (a)
may be accompanied, represented, and advised by counsel.
Counsel may advise such person, in confidence, with respect to
any question asked of such person. Such person or counsel may
object on the record to any question, in whole or in part, and
shall briefly state for the record the reason for the
objection. An objection may be made, received, and entered upon
the record when it is claimed that such person is entitled to
refuse to answer the question on the grounds of any
constitutional or other legal right or privilege, including the
privilege against self-incrimination. 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.
(8) Witness fees and allowances. Any person appearing for oral
testimony under a civil investigative demand 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 shall designate the
Department of State Police to serve as custodian of documentary
material, answers to interrogatories, and transcripts of oral
testimony received under this Section and shall designate additional
employees of the Department of State Police as the Attorney General
determines from time to time to be necessary to serve as deputies to
the custodian.
(2) Responsibility for materials; disclosure.
(A) An investigator who receives any documentary
material, answers to interrogatories, or transcripts of oral
testimony under this Section shall transmit them to the
custodian. The custodian shall take physical possession of such
material, answers, or transcripts and shall be responsible for
the use made of them and for the return of documentary material
under paragraph (4).
(B) The custodian may cause the preparation of such
copies of such documentary material, answers to
interrogatories, or transcripts of oral testimony as may be
required for official use by any investigator, or other officer
or employee of the Attorney General or employee of the
Department of State Police who is authorized for such use under
regulations which the Attorney General shall issue. Such
material, answers, and transcripts may be used by any such
authorized investigator or other officer or employee in
connection with the taking of oral testimony under this
Section.
(C) Except as otherwise provided in this subsection (i),
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 other than an investigator or other officer
or employee of the Attorney General or employee of the
Department of State Police authorized under subparagraph (B).
The prohibition in the preceding sentence on the availability
of material, answers, or transcripts shall not apply if consent
is given by the person who produced such material, answers, or
transcripts, or, in the case of any product of discovery
produced pursuant to an express demand for such material,
consent is given by the person from whom the discovery was
obtained. Nothing in this subparagraph is intended to prevent
disclosure to the General Assembly, including any committee or
subcommittee of the General Assembly, or to any other State
agency for use by such agency in furtherance of its statutory
responsibilities. Disclosure of information to any such other
agency shall be allowed only upon application, made by the
Attorney General to a circuit court, showing substantial need
for the use of the information by such agency in furtherance of
its statutory responsibilities.
(D) While in the possession of the custodian and under
such reasonable terms and conditions as the Attorney General
shall prescribe:
(i) documentary material and answers to interrogatories shall
be available for examination by the person who produced such
material or answers, or by a representative for that person
authorized by that person to examine such material and answers; and
(ii) transcripts of oral testimony shall be available for
examination by the person who produced such testimony, or by a
representative of that person authorized by that person to examine
such transcripts.
(3) Use of material, answers, or transcripts in other
proceedings. Whenever any attorney of the office of the Attorney
General, or State's Attorney upon a referral, has been designated to
appear before any court, grand jury, or State agency in any case or
proceeding, the custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony received under
this Section may deliver to such attorney such material, answers, or
transcripts for official use in connection with any such case or
proceeding as such attorney determines to be required. Upon the
completion of any such case or proceeding, such attorney shall
return to the custodian any such material, answers, or transcripts
so delivered which have not passed into the control of such court,
grand jury, or agency through introduction into the record of such
case or proceeding.
(4) Conditions for return of material. If any documentary
material has been produced by any person in the course of any
investigation pursuant to a civil investigative demand 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 (other than
copies furnished to the investigator under subsection (f)(2) or made for
the Attorney General or employee of the Department of State Police under
paragraph (2)(B)) which has not passed into the control of any court,
grand jury, or agency through introduction into the record of such case
or proceeding.
(5) Appointment of successor custodians. In the event of the
death, disability, or separation from service in the Department of State
Police of the custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony produced pursuant to a
civil investigative demand under this Section, or in the event of the
official relief of such custodian from responsibility for the custody
and control of such material, answers, or transcripts, the Attorney
General shall promptly:
(A) designate another employee of the Department of State
Police to serve as custodian of such material, answers, or
transcripts, and
(B) transmit in writing to the person who produced such
material, answers, or testimony notice of the identity and
address of the successor so designated.
Any person who is designated to be a successor under this paragraph (5)
shall have, with regard to such material, answers, or transcripts, the
same duties and responsibilities as were imposed by this Section upon
that person's predecessor in office, except that the successor shall not
be held responsible for any default or dereliction which occurred before
that designation.
(J) Judicial proceedings. (1) Petition for enforcement.
Whenever any person fails to comply with any civil
investigative demand 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, and serve upon such person a
petition for an order of such court for the enforcement of the
civil investigative demand.
(2) Petition to modify or set aside demand. (A) Any person who
has received a civil investigative demand 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
investigator identified in such demand a petition for an order of
the court to modify or set aside such demand. 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
civil investigative demand, or at any time before the
return date specified in the demand, whichever date is
earlier, or
(ii) within such longer period as may be prescribed
in writing by any investigator identified in the demand.
(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 demand 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
demand, in whole or in part, except that the person filing the
petition shall comply with any portion of the demand not sought
to be modified or set aside.
(3) Petition to modify or set aside demand for product of
discovery. (A) In the case of any civil investigative demand 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, and serve
upon any investigator identified in the demand and upon the
recipient of the demand, a petition for an order of such court to
modify or set aside those portions of the demand requiring
production of any such product of discovery. Any petition under this
subparagraph (A) must be filed:
(i) within 20 days after the date of service of the
civil investigative demand, or at any time before the
return date specified in the demand, whichever date is
earlier, or
(ii) within such longer period as may be prescribed
in writing by any investigator identified in the demand.
(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 portions of the demand
from which relief is sought to comply with the provisions of
this Section, or upon any constitutional or other legal right
or privilege of the petitioner. During the pendency of the
petition, the court may stay, as it deems proper, compliance
with the demand and the running of the time allowed from
compliance with the demand.
(4) Petition to require performance by custodian of duties. At
any time during which any custodian is in custody or control of any
documentary material or answers to interrogatories produced, or
transcripts of oral testimony given, by any person in compliance
with any civil investigative demand issued under subsection (a),
such person, and in the case of 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 within which the office of
such custodian is situated, and serve upon such custodian, a
petition for an order of such court to require the performance by
the custodian of any duty imposed upon the custodian by this
Section.
(5) 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 civil
investigative demand issued under subsection (a) shall be exempt from
disclosure under the Illinois Administrative Procedure Act.
(Source: P.A. 87-662.)
(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.
(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. 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.)
Other state qui tam laws
