Fraud Against Taxpayers Act
New Mexico · Miscellaneous Civil Law Matters · §§ 44-9-1 to 44-9-9 · 14 sections
Overview
This act prohibits the submission of false or fraudulent claims for payment to the government and imposes civil penalties on those who make them. Enforcement runs through two channels: the state's attorney general may investigate suspected violations and bring a civil action, and a private person may file suit on the government's behalf, with the government entitled to intervene and the private plaintiff eligible for a share of any recovery. To support these investigations the act creates a civil investigative demand power — compelling documentary material, written answers to interrogatories, and sworn oral testimony, with court enforcement for noncompliance — and it shields employees from retaliation for their part in a covered action.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 5 court decisions.
Most-cited authority: 323 FSUPP3D 1242 - New Mexico ex rel. Balderas v. Purdue Pharma L.P.
Sections covered
- § 44-9-1 NMSA 1978Short title2 cites
- § 44-9-10 NMSA 1978State or political subdivision not liable
- § 44-9-11 NMSA 1978Employer interference with employee disclosure; private action for retaliation
- § 44-9-12 NMSA 1978Limitation of actions; estoppel; standard of proof
- § 44-9-13 NMSA 1978Joint and several liability
- § 44-9-14 NMSA 1978Remedy not exclusive
- § 44-9-2 NMSA 1978Definitions
- § 44-9-3 NMSA 1978False claims; liability; penalties; exception1 cite
- § 44-9-4 NMSA 1978Investigation by the attorney general; delegation; civil action
- § 44-9-5 NMSA 1978Civil action by qui tam plaintiff; state or political subdivision may intervene2 cites
- § 44-9-6 NMSA 1978Rights of the qui tam plaintiff and the state or political subdivision
- § 44-9-7 NMSA 1978Awards to qui tam plaintiff and the state or political subdivision
- § 44-9-8 NMSA 1978Award of attorney fees and costs to defendant
- § 44-9-9 NMSA 1978Certain actions barred
Enacted in other states
All New Mexico named statutes →
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