The following words and phrases when used in this act have the following meanings, unless the context clearly indicates otherwise:

(1)        “Attorney General.” – The Attorney General of North Carolina, or any deputy, assistant, or associate attorney general.

(2)        “Claim.” – Any request or demand, whether under a contract or otherwise, for money or property and whether or not the State has title to the money or property that (i) is presented to an officer, employee, or agent of the State or (ii) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the State’s behalf or to advance a State program or interest and if the State government:

a.         Provides or has provided any portion of the money or property that is requested or demanded; or

b.         Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.

A claim does not include requests or demands for money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual’s use of the money or property.

(3)        “Judiciary.” – A justice or judge of the General Court of Justice or clerk of court.

(4)        “Knowing” and “knowingly.” – Whenever a person, with respect to information, does any of the following:

a.         Has actual knowledge of the information.

b.         Acts in deliberate ignorance of the truth or falsity of the information.

c.         Acts in reckless disregard of the truth or falsity of the information.

Proof of specific intent to defraud is not required.

(5)        “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(6)        “Obligation” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.

(7)        Repealed by Session Laws 2018-41, s. 1, effective June 22, 2018, and applicable to actions brought on or after that date.

(8)        “Senior executive branch official.” – The Governor, Lieutenant Governor, member of the Council of State, or head of department as defined in N.C. Gen. Stat. § 143B-3 ?(2009-554, s. 1; 2018-41, s. 1.)

Terms Used In North Carolina General Statutes 1-606

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.