735 ILCS 5/20-104
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XX - Recovery Of Fraudulently Obtained Public Funds

 (from Ch. 110, par. 20-104)Sec. 20-104.   (a) Before any action is instituted pursuant to this Act,  the State or local governmental unit shall make a good faith attempt to  collect amounts owed to it by using informal procedures and methods. Civil  recoveries provided for in this Article shall be  recoverable only: (1) in actions on behalf of the State, by the Attorney  General; (2) in actions on behalf of a municipality with a population over  500,000, by the corporation counsel of such municipality; and (3) in  actions on behalf of any other local governmental unit, by counsel  designated by the local government unit or, if so requested by the local  governmental unit and the state's attorney so agrees, by the state's attorney.  However, nothing in clause (3) of this subsection (a) shall affect  agreements made pursuant to the State's Attorneys Appellate Prosecutor's  Act. If the state's attorney of a county brings an action on behalf  of another unit of local government pursuant to this Section, the county  shall be reimbursed by the unit of local government in an amount mutually  agreed upon before the action is initiated.(b) Notwithstanding any other provision in this Section, any private  citizen residing within the boundaries of the governmental unit affected  may bring an action to recover the damages authorized in this Article on behalf  of such governmental unit if: (a) the citizen has sent a letter by  certified mail, return receipt requested, to the appropriate government  official stating his intention to file suit for recovery under this Article and  (b) the appropriate governmental official has not, within 60 days of the  date of delivery on the citizen's return receipt, either instituted an  action for recovery or sent notice to the citizen by  certified mail, return receipt requested, that the official has arranged  for a settlement with the party alleged to have illegally obtained the  compensation or that the official intends to commence suit within 60 days  of the date of the notice.  A denial by the official of the liability of  the party alleged liable by the citizen, failure to have actually arranged  for a settlement as stated, or failure to commence a suit within the  designated period after having stated the intention in the notice to do so  shall also permit the citizen to commence the action.For purposes of this subsection (b), "appropriate government official"  shall mean: (1) the Attorney General, where the government unit alleged  damaged is the State; (2) the corporation counsel where the government unit  alleged damaged is a municipality with a population of over 500,000; and  (3) the chief executive officer of any other local government unit where  that unit is alleged damaged.Any private citizen commencing an action in compliance with this  subsection which is reasonable and commenced in good faith shall be  entitled to recover court costs and litigation expenses, including  reasonable attorney's fees, from any defendant found liable under this Article.  (Source: P.A. 102-558, eff. 8-20-21.)