Indiana Code 4-12-16-3. Sources of money for the fund
(1) except as provided in subsections (b) and (c), IC 4-12-16.2, and IC 4-12-16.3, all funds received by the state, less any amount owed for outside counsel attorney‘s fees, costs, or expenses, under:
Terms Used In Indiana Code 4-12-16-3
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Fraud: Intentional deception resulting in injury to another.
- fund: refers to the agency settlement fund established by section 2 of this chapter. See Indiana Code 4-12-16-1
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(B) assurances of voluntary compliance accepted by the attorney general; and
(C) any other form of agreement that:
(i) is enforceable by a court; and
(ii) settles litigation between the state and another party; and
(2) all money recovered as court costs or costs related to litigation.
(b) Any amount of restitution that is:
(1) awarded to an individual or institution under a settlement or assurance of voluntary compliance;
(2) unclaimed by an individual or institution;
(3) received by a state agency; and
(4) determined to be abandoned property under IC 32-34-1.5;
must be deposited in the abandoned property fund under IC 32-34-1.5-42.
(c) The fund does not include the following:
(1) Funds received by the state department of revenue.
(2) Funds required to be deposited in the securities division enforcement account (IC 23-19-6-1).
(3) Funds received as the result of a civil forfeiture under IC 34-24-1.
(4) Funds received as a civil penalty or as part of an enforcement or collection action by an agency authorized to impose a civil penalty or engage in an enforcement or collection action, if the funds are required to be deposited in the general fund or another fund by statute.
(5) Funds recovered by the Medicaid fraud control unit in actions to recover money inappropriately paid out of or obtained from the state Medicaid program.
(6) Amounts required to be paid as consumer restitution or refunds in settlements specified in this chapter.
(7) Amounts received under the Master Settlement Agreement (as defined in IC 24-3-3-6).
(8) Amounts received as a result of opioid litigation settlements that are required to be distributed as provided in IC 4-6-15-4.
(9) Amounts deposited in the attorney general contingency fee fund under IC 4-6-16.
As added by P.L.217-2017, SEC.39. Amended by P.L.201-2018, SEC.2; P.L.141-2021, SEC.2; P.L.201-2023, SEC.68.