Terms Used In Louisiana Revised Statutes 39:2165.3

  • Claim: includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against oil spill relief program funds for payment. See Louisiana Revised Statutes 39:2165.2
  • False or fraudulent claim: means a claim which a person submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. See Louisiana Revised Statutes 39:2165.2
  • knowingly: means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. See Louisiana Revised Statutes 39:2165.2
  • Misrepresentation: means the knowing failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required on a claim or provider agreement or the making of a false or misleading statement to any local, state, or federal agency for the purpose of obtaining funds, property, use of property, or other compensation from oil spill relief programs. See Louisiana Revised Statutes 39:2165.2
  • Oil spill relief program: means any state or federal program or fund created for the purpose of assisting persons who incurred personal, business, or property damage or other losses due to the Deepwater Horizon Oil Spill. See Louisiana Revised Statutes 39:2165.2
  • Person: means a natural person or a juridical person. See Louisiana Revised Statutes 39:2165.2
  • Property: means any and all property, movable and immovable, corporeal and incorporeal. See Louisiana Revised Statutes 39:2165.2

A.  No person shall knowingly present or cause to be presented a false or fraudulent claim for funds, property, use of property, or other compensation from an oil spill relief program.

B.  No person shall knowingly engage in misrepresentation to obtain, or attempt to obtain, funds, property, use of property, or other compensation from an oil spill relief program.

C.  No person shall conspire to defraud, or attempt to defraud, an oil spill relief program through misrepresentation or by obtaining, or attempting to obtain payment for a false or fraudulent claim.

D.  No person shall knowingly make, use, or cause to be made or used a false, fictitious, or misleading statement on any form or document for the purpose of certifying or qualifying any person for eligibility for oil spill relief programs or receiving any funds, property, use of property, or other compensation from an oil spill relief program that that person is not authorized to receive.

E.  Each violation of this Section may be treated as a separate violation or may be combined into one violation at the option of the attorney general.

F.  No action brought pursuant to this Section shall be instituted later than ten years after the date upon which the alleged violation occurred; however, the action shall be instituted within one year of when the attorney general knew that the prohibited conduct occurred.

Acts 2010, No. 658, §1.