(1) In any action brought under this act, the department or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.(2) Notwithstanding any other provision of law, a final judgment or decree rendered in favor of the state or the Federal Government in any criminal proceeding concerning the conduct of the defendant that forms the basis for a civil cause of action under this act, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant in any action by the department pursuant to this act as to all matters as to which such judgment or decree would be an estoppel as if the department had been a party in the criminal proceeding.
Terms Used In This Law
- damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- plaintiff: The person who files the complaint in a civil lawsuit.
- plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- verdict: The decision of a petit jury or a judge.