2023 Maryland Statutes › General Provisions › Title 8 - False Claims › Section 8-109 - Remedies; Coordination of Investigations; Deposit of Penalty or Damages

(a)    Any remedy provided under this title is in addition to any other appropriate legal or equitable relief provided under any other applicable State or federal statute or regulation.
(b)    (1)    The governmental entity shall make all reasonable efforts to coordinate any investigation of an alleged violation under this title with any investigation conducted by the federal government involving the same violation.
(2)    The governmental entity’s objective shall be to avoid unnecessary duplication of effort on the part of the person alleged to have committed the violation and to minimize the burden of the investigation on the person.
(c)    (1)    Except as provided under paragraph (2) of this subsection, the Comptroller shall deposit any civil penalty or damages collected by the State under this title into the General Fund of the State.
(2)    (i)    If a violation of this title affects any of the following funds, the Comptroller shall deposit any civil penalty or damages collected by the State under this title into the affected fund:
1.    a fund that is not subject to § 7–302 of the State Finance and Procurement Article;
2.    a special fund requiring the reversion of appropriated funds to the special fund under § 7–304 of the State Finance and Procurement Article;
3.    a fund under the jurisdiction of the Board of Trustees for the State Retirement and Pension System; or
4.    a fund under the jurisdiction of the State Employee and Retiree Health and Welfare Benefits Program.
(ii)    If more than one fund is affected by a violation of this title, the Comptroller shall deposit any civil penalty or damages collected by the State into the appropriate fund or the General Fund of the State on a pro rata basis.
(d)    (1)    There is a False Claims Fund.
(2)    The purpose of the Fund is to support the operations of the Attorney General in carrying out this title.
(3)    The Attorney General shall administer the Fund.
(4)    (i)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(5)    The Fund consists of:
(i)    all attorney’s fees and costs collected by the State by judgment, settlement, agreement, or otherwise under this title;
(ii)    money appropriated in the State budget to the Fund;
(iii)    interest earnings; and
(iv)    any other money from any other source accepted for the benefit of the Fund.
(6)    The Fund may be used only for the Attorney General to investigate and litigate suspected violations of this title.
(7)    (i)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(ii)    Any interest earnings of the Fund shall be credited to the Fund.
(8)    Expenditures from the Fund may be made only in accordance with the State budget.
(9)    Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Attorney General.