305 ILCS 5/8A-7
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article VIIIA - Public Assistance Fraud

 (from Ch. 23, par. 8A-7)Sec. 8A-7. Civil Remedies. (a) A person who receives financial aid by  means of a false statement, willful misrepresentation or by his failure  to notify the county department or local governmental unit, as the case  may be, of a change in his status as required by Sections 11-18 and 11-19,  for the purpose of preventing the denial, cancellation or suspension of  his grant, or a variation in the amount thereof, or by other fraudulent  device, or a person who knowingly aids or abets any person in obtaining  financial aid for which he is not eligible, shall be answerable to the county  department or the local governmental unit, as the case may be, for refunding  the entire amount of aid received. If the refund is not made, it shall be  recoverable in a civil action from the person who received the aid, or from  anyone who willfully aided such person to obtain the aid. If an act which  would be unlawful under Section 8A-2 is proven, the court may as a penalty  assess an additional sum of money, not to exceed the entire amount of aid  provided, against the recipient or against any person who willfully aided  the recipient. If assessed, the penalty shall be included in any judgment  entered for the aid received, and paid to the county department or the  local governmental unit, as the case may be. Upon entry of the judgment a  lien shall attach to all property and assets of such person until the  judgment is satisfied.(b) Any person, firm, corporation, association, agency, institution or  other legal entity, other than an individual recipient, that willfully,  by means of a false statement or representation, or by concealment of any  material fact or by other fraudulent scheme or device on behalf of himself  or others, obtains or attempts to obtain benefits or payments under this  Code to which he or it is not entitled, or in a greater amount than that  to which he or it is entitled, shall be liable for repayment of any excess  benefits or payments received and, in addition to any other penalties provided  by law, civil penalties consisting of (1) the interest on the amount of  excess benefits or payments at the maximum legal rate in effect on the date  the payment was made to such person, firm, corporation, association, agency,  institution or other legal entity for the period from the date upon which  payment was made to the date upon which repayment is made to the State,  (2) an amount not to exceed 3 times the amount of such excess benefits or  payments, and (3) the sum of $2,000 for each excessive claim for benefits  or payments. Upon entry of a judgment for repayment of any excess benefits  or payments, or for any civil penalties assessed by the court, a lien shall  attach to all property and assets of such person, firm, corporation,  association, agency, institution or other legal entity until the judgment is satisfied.(c) Civil recoveries provided for in this Section may be recoverable in  court proceedings initiated by the Attorney General or, in actions  involving a local governmental unit, by the State's Attorney.(d) Any person who commits the offense of vendor fraud or recipient  fraud as defined in Section 8A-2 and Section 8A-3 of this Article shall  forfeit, according to the provisions  of this subsection, any monies, profits or proceeds, and any interest or  property which the sentencing court determines he has acquired or maintained,  directly or indirectly, in whole or in part as a result of such offense.  Such person shall also forfeit any interest in, securities of, claim against,  or contractual right of any kind which affords him a source of influence  over, any enterprise which he has established, operated, controlled, conducted,  or participated in conducting, where his relationship to or connection with  any such thing or activity directly or indirectly, in whole or in part,  is traceable to any thing or benefit which he has obtained or acquired through  vendor fraud or recipient fraud.Proceedings instituted pursuant to this subsection shall be subject to  and conducted in accordance with the following procedures:(1) The sentencing court shall, upon petition by the Attorney General  or State's Attorney at any time following sentencing, conduct a hearing  to determine whether any property or property interest is subject to forfeiture  under this subsection.  At the forfeiture hearing the People shall have  the burden of establishing, by a preponderance of the evidence, that the  property or property interests are subject to such forfeiture.(2) In any action brought by the People of the State of Illinois under  this Section, in which any restraining order, injunction or prohibition or  any other action in connection with any property or interest subject to  forfeiture under this subsection is sought, the circuit court presiding  over the trial of the person charged with recipient fraud or  vendor fraud as defined in Sections 8A-2 or 8A-3 of this Article shall  first determine whether there is probable cause to believe that the person  so charged has committed the offense of recipient fraud or  vendor fraud and whether the property or interest is subject to forfeiture  under this subsection.  To make such a determination, prior to  entering any such order, the court shall conduct a hearing without a jury,  at which the People shall establish that there is (i) probable cause that  the person so charged has committed the offense of recipient  fraud or vendor fraud and (ii) probable cause that any property or interest  may be subject to forfeiture pursuant to this subsection.  Such hearing may  be conducted simultaneously with a preliminary hearing, if the prosecution  is commenced by information or complaint, or by motion of the People at any  stage in the proceedings.  The court may accept a finding of probable cause  at a preliminary hearing following the filing of an information charging  the offense of recipient fraud or vendor fraud as defined in Sections 8A-2  or 8A-3 or the return of an indictment by a grand jury charging the offense  of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 of  this Article as sufficient evidence of probable cause as provided in item  (i) above.  Upon such a finding, the circuit court shall enter such  restraining order, injunction or prohibition, or shall take such other  action in connection with any such property or other interest subject to  forfeiture under this Act as is necessary to insure that such property is  not removed from the jurisdiction of the court, concealed, destroyed or  otherwise disposed of by the owner of that property or interest prior to a  forfeiture hearing under this subsection.  The Attorney General or State's  Attorney shall file a certified copy of such restraining order, injunction  or other prohibition with the recorder of deeds or registrar of titles of  each county where any such property of the defendant may be located.  No  such injunction, restraining order or other prohibition shall affect the  rights of any bonafide purchaser, mortgagee, judgement creditor or other  lien holder arising prior to the date of such filing.  The court may, at  any time, upon verified petition by the defendant, conduct a hearing to  determine whether all or portions of any such property or interest which  the court previously determined to be subject to forfeiture  or subject to any restraining order, injunction, or prohibition or other  action, should be released.  The court may in its discretion release such  property to the defendant for good cause shown.(3) Upon conviction of a person under this Article, the court shall  authorize the Director of the Illinois State Police to seize  all property or other interest declared forfeited under this subsection upon  such terms and conditions as the court shall deem proper.(4) The Director of the Illinois State Police is  authorized to sell all property forfeited and seized pursuant to this  subsection, unless such property is  required by law to be destroyed or is harmful to the public.  After the deduction of all requisite expenses of administration and  sale, the court shall order the Director to distribute to the Illinois  Department an amount from the proceeds of the forfeited property, or monies  forfeited or seized, which will satisfy any unsatisfied court order of  restitution entered pursuant to a conviction under this Article.  If the  proceeds are less than the amount necessary to satisfy the order of  restitution, the Director shall distribute to the Illinois Department the  entire amount of the remaining proceeds.  The Director shall distribute any  remaining proceeds of such sale, along with any monies forfeited or seized,  in accordance with the following schedules:(a) 25% shall be distributed to the unit of local government whose  officers or employees conducted the investigation into recipient fraud or  vendor fraud and caused the arrest or arrests and prosecution leading to  the forfeiture.  Amounts distributed to units of local government shall be  used solely for enforcement matters relating to detection, investigation or  prosecution of recipient fraud or vendor fraud as defined in Section 8A-2  or 8A-3 of this Article.  Where the investigation, arrest or arrests leading to  the prosecution and forfeiture is undertaken solely by the Illinois State Police, the portion provided hereunder shall be paid  into the Medicaid Fraud and Abuse Prevention Fund, which is hereby created  in the State treasury.  Monies from this fund shall be used by the  Illinois State Police for the furtherance of enforcement matters  relating to detection, investigation or prosecution of recipient fraud or  vendor fraud.  Monies directed to this fund shall be used in addition to,  and not as a substitute for, funds annually appropriated to the Illinois State Police for medicaid fraud enforcement.(b) 25% shall be distributed to the county in which the prosecution and  petition for forfeiture resulting in the forfeiture was instituted,  and deposited in a special fund in the county treasury  and appropriated to the State's Attorney for use solely in enforcement  matters relating to detection, investigation or prosecution of recipient  fraud or vendor fraud; however, if the Attorney General brought the  prosecution resulting in the forfeiture, the portion provided hereunder  shall be paid into the Medicaid Fraud and Abuse Prevention Fund, to be used  by the Medicaid Fraud Control Unit of the Illinois State Police  for enforcement matters relating to detection, investigation or prosecution  of recipient fraud or vendor fraud.  Where the Attorney General and a  State's Attorney have jointly participated in any portion of the  proceedings, 12.5% shall be distributed to the county in which the  prosecution resulting in the forfeiture was instituted, and used as  specified herein, and 12.5% shall be paid into the Medicaid Fraud and Abuse  Prevention Fund, and used as specified herein.(c) 50% shall be transmitted to the State Treasurer for deposit in the  General Revenue Fund.  (Source: P.A. 102-538, eff. 8-20-21.)