Montana False Claims Act
Montana · State Finance · §§ 17-8-401 to 17-8-416 · 15 sections
Overview
The act addresses false or fraudulent claims made for payment from government funds, imposing liability in the form of damages and civil penalties on those who submit them. Enforcement runs on two tracks: a government attorney may investigate and bring a civil action, and a private person may also file suit, with the court and the government retaining control over dismissal and settlement, and any recovery divided between the government and the person who brought the case, together with costs and attorney fees. It also fixes a limitations period, sets the burden of proof and the effect of a prior criminal conviction, and bars retaliation against those who act to enforce it, providing remedies when retaliation occurs.
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: 806 FSUPP2D 833 - United States ex rel. Littlewood v. King Pharmaceuticals, Inc.
Sections covered
- Mont. Code Ann. § 17-8-401Short title3 cites
- Mont. Code Ann. § 17-8-402Definitions
- Mont. Code Ann. § 17-8-403False claims -- procedures -- penalties
- Mont. Code Ann. § 17-8-404Limitation of actions2 cites
- Mont. Code Ann. § 17-8-405Investigation and civil action by government attorney
- Mont. Code Ann. § 17-8-406Complaint by person -- civil action
- Mont. Code Ann. § 17-8-407Dismissal of civil action
- Mont. Code Ann. § 17-8-408Repealed
- Mont. Code Ann. § 17-8-409Burden of proof -- effect of criminal conviction
- Mont. Code Ann. § 17-8-410Distribution of damages and civil penalty
- Mont. Code Ann. § 17-8-411Costs and attorney fees
- Mont. Code Ann. § 17-8-412Retaliatory actions prohibited -- remedies
- Mont. Code Ann. § 17-8-413Settlement by government attorney
- Mont. Code Ann. § 17-8-414and 17-8-415 reserved
- Mont. Code Ann. § 17-8-416Reporting
Enacted in other states
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