2
7. "Original source" means a person who:
(a) prior to a public disclosure under paragraph (b) of subdivision nine of section one hundred ninety of
this article has voluntarily disclosed to the state or a local government the information on which
allegations or transactions in a cause of action are based; or
(b) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or
transactions, and who has voluntarily provided the information to the state or a local government before
or simultaneous with filing an action under this article.
8. "Person" means any natural person, partnership, corporation, association or any other legal entity or
individual, other than the state or a local government.
9. "State" means the state of New York and any state department, board, bureau, division, commission,
committee, public benefit corporation, public authority, council, office or other governmental entity
performing a governmental or proprietary function for the state.
§ 189. LIABILITY FOR CERTAIN ACTS
1. Subject to the provisions of subdivision two of this section, any person who:
(a) knowingly presents, or causes to be presented a false or fraudulent claim for payment or approval;
(b) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or
fraudulent claim;
(c) conspires to commit a violation of paragraph (a), (b), (d), (e), (f) or (g) of this subdivision;
(d) has possession, custody, or control of property or money used, or to be used, by the state or a local
government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(e) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the
state or a local government and, intending to defraud the state or a local government, makes or delivers
the receipt without completely knowing that the information on the receipt is true;
(f) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or
employee of the state or a local government knowing that the officer or employee violates a provision of
law when selling or pledging such property;
(g) knowingly makes, uses, or causes to be made or used, a false record or statement material to an
obligation to pay or transmit money or property to the state or a local government; or
(h) knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit
money or property to the state or a local government, or conspires to do the same; shall be liable to the
state or a local government, as applicable, for a civil penalty of not less than six thousand dollars and not
more than twelve thousand dollars, as adjusted to be equal to the civil penalty allowed under the federal
False Claims Act, 31 U.S.C. sec. 3729, et seq., as amended, as adjusted for inflation by the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C. 2461 note; Pub. L. No. 101-410), plus
three times the amount of all damages, including consequential damages, which the state or local
government sustains because of the act of that person.
2. The court may assess not more than two times the amount of damages sustained because of the act of
the person described in subdivision one of this section, if the court finds that:
(a) the person committing the violation of this section had furnished all information known to such person
about the violation, to those officials responsible for investigating false claims violations on behalf of the