Illinois Compiled Statutes
740 ILCS 175/3 (2026)
False claims
✓ current as of May 2026
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(740 ILCS 175/3)
(from Ch. 127, par. 4103)
Sec. 3. False claims.
(a) Liability for certain acts. (1) In general, 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 | subparagraph (A), (B), (D), (E), (F), or (G); |
(D) has possession, custody, or control of | property or money used, or to be used, by the State and knowingly delivers, or causes to be delivered, less than all the money or property; |
(E) is authorized to make or deliver a document | certifying receipt of property used, or to be used, by the State and, intending to defraud the State, 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 member of the Guard, who lawfully may not sell or pledge property; or |
(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 knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State, |
is liable to the State for a civil penalty of not less | than the minimum amount and not more than the maximum amount allowed for a civil penalty for a violation of the federal False Claims Act (31 U.S.C. 3729 et seq.) as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461), plus 3 times the amount of damages which the State sustains because of the act of that person. Notwithstanding any other provision, a person is liable to the State for a civil penalty of not less than $5,500 and not more than $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person, when: (i) the civil action was brought by a private person pursuant to paragraph (1) of subsection (b) of Section 4; (ii) the State did not elect to intervene pursuant to paragraph (2) of subsection (b) of Section 4; (iii) the actual amount of the tax owed to the State is equal to or less than $50,000, which does not include interest, penalties, attorney's fees, costs, or any other amounts owed or paid pursuant to this Act; and (iv) the violation of this Act relates to or involves a false claim regarding a tax administered by the Department of Revenue, excluding claims, records, or statements made under the Property Tax Code. The penalties in this Section are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct. |
(2) A person violating this subsection shall also be | liable to the State for the costs of a civil action brought to recover any such penalty or damages. |
(b) Definitions. For purposes of this Section: (1) The terms
"knowing" and "knowingly": (A) mean that a person, with respect to | information: |
(i) has actual knowledge of the information;
(ii) acts in deliberate ignorance of the | truth or falsity of the information; or |
(iii) acts in reckless disregard of the truth | or falsity of the information, and |
(B) require no proof of specific intent to | defraud. |
(2) The term "claim": (A) means 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: |
(I) provides or has provided any portion | of the money or property requested or demanded; or |
(II) will reimburse such contractor, | grantee, or other recipient for any portion of the money or property which is requested or demanded; and |
(B) 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) The term "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. |
(4) The term "material" means having a natural | tendency to influence, or be capable of influencing, the payment or receipt of money or property. |
(c) Exclusion. This Section does not apply to claims, records, or
statements made under the Illinois Income Tax Act.
(Source: P.A. 100-452, eff. 8-25-17.)
Notes of Decisions
Cited in 60
cases (17 in the last 5 years), 2001–2026 · leading case: People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017).
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “Section 3 states, in relevant part, that a person is liable under the Act when he “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 knowingly conceals or knowingly and…”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “at 505 (citing 740 ILCS 175/3(a) (West 2002)). ¶ 62 Like the Act, the False Claims Act provides that an action may be commenced by the attorney general.”
State Ex Rel. Beeler Schad & Diamond, P.C. v. Ritz Camera Centers, Inc., 878 N.E.2d 1152 (Ill. App. Ct. 2007). “740 ILCS 175/3 (West 2002). According to the false claims provision, a person presents a false claim when he “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the…”
People Ex Rel. Levenstein v. Salafsky, 789 N.E.2d 844 (Ill. App. Ct. 2003). “Our legislature followed Congress’s lead not only in defining “claim” but also in barring the use of false statements or records in order to “get a false or fraudulent claim paid or approved by the State” (740 ILCS 175/3(a) (2) (West 2000)). See 31 U.”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016). “See 740 ILCS 175/3(a)(1), (a)(2) (West 2010).”
Scachitti v. UBS Fin. Servs., 831 N.E.2d 544 (Ill. 2005). “740 ILCS 175/3(a) (West 2002). An action under the Act may be commenced by the Attorney General.”
People ex rel. Stephen B. Diamond, P.C. v. Henry Poole & Co., 2023 IL App (1st) 220195 (Ill. App. Ct. 2023). “The circuit court found an issue of material fact existed on the issue of whether Poole had the requisite knowledge under section 3 of the Illinois False Claims Act (740 ILCS 175/3 (West 2018)) and No. 1-22-0195 denied summary judgment.”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/3 (West 2012). Section 3 states, in relevant part, that a person is liable under the Act when he “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 -2-…”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “Though the remedy Pusateri seeks is a mix of penalty and damages, the sole reason the alleged falsehoods might be actionable under the False Claims Act is that they would have induced the State to pay too much for PG’s natural gas.”
United States ex rel. McGee v. IBM Corp., 81 F. Supp. 3d 643 (N.D. Ill. 2015). “Specifically, these statutes prohibit knowingly presenting, or causing to be presented, a false or fraudulent claim for payment, and knowingly making or using a false record or statement that is material to a false or fraudulent claim paid by the government.”
United States Ex. Rel. Humphrey v. Franklin-Williamson Human Servs., Inc., 189 F. Supp. 2d 862 (S.D. Ill. 2002). “§ 3729 (a)(1) and (2), and the Illinois Whistleblower Reward and Protection Act (“Whistleblower Act”), 740 ILCS 175/3(a)(l) and (2) in connection with its billing practices, as outlined below.”
People ex rel. Lindblom v. Sears Brands, LLC, 2019 IL App (1st) 180588 (Ill. App. Ct. 2019). “740 ILCS 175/3(a)(1)(G) (West 2014). Under the Act, “a party ‘knowingly’ conceals or avoids an obligation to pay when it has ‘actual knowledge’ of the obligation, or ‘acts in deliberate ignorance’ or ‘reckless disregard’ of the obligation.”
— 740 ILCS 175/3(G) — 1 case
State of Illinois Ex. Rel Ken Elder v. JPMorgan Chase N.A. (N.D. Ill. 2022).
— 740 ILCS 175/3(a) — 13 cases
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “at 505 (citing 740 ILCS 175/3(a) (West 2002)). ¶ 62 Like the Act, the False Claims Act provides that an action may be commenced by the attorney general.”
Scachitti v. UBS Fin. Servs., 831 N.E.2d 544 (Ill. 2005). “740 ILCS 175/3(a) (West 2002). An action under the Act may be commenced by the Attorney General.”
People Ex Rel. Levenstein v. Salafsky, 789 N.E.2d 844 (Ill. App. Ct. 2003). “Our legislature followed Congress’s lead not only in defining “claim” but also in barring the use of false statements or records in order to “get a false or fraudulent claim paid or approved by the State” (740 ILCS 175/3(a) (2) (West 2000)). See 31 U.”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “Though the remedy Pusateri seeks is a mix of penalty and damages, the sole reason the alleged falsehoods might be actionable under the False Claims Act is that they would have induced the State to pay too much for PG’s natural gas.”
Lyons Twp. ex rel Kielczynski v. Vill. of Indian Head Park, 2017 IL App (1st) 161574 (Ill. App. Ct. 2017).
— 740 ILCS 175/3(a)(1) — 24 cases
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “at 505 (citing 740 ILCS 175/3(a) (West 2002)). ¶ 62 Like the Act, the False Claims Act provides that an action may be commenced by the attorney general.”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “Section 3 states, in relevant part, that a person is liable under the Act when he “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 knowingly conceals or knowingly and…”
Scachitti v. UBS Fin. Servs., 831 N.E.2d 544 (Ill. 2005). “740 ILCS 175/3(a) (West 2002). An action under the Act may be commenced by the Attorney General.”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016). “See 740 ILCS 175/3(a)(1), (a)(2) (West 2010).”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2018 IL 122487 (Ill. 2018).
— 740 ILCS 175/3(a)(1)(A) — 4 cases
United States of Am. v. Addus Homecare Corp. (N.D. Ill. 2018).
United States v. Exeltis USA, Inc. (N.D. Ill. 2021).
Del Signore v. Nokia of Am. (N.D. Ill. 2023).
— 740 ILCS 175/3(a)(1)(B) — 1 case
— 740 ILCS 175/3(a)(1)(D) — 1 case
State of Illinois Ex. Rel Ken Elder v. JPMorgan Chase N.A. (N.D. Ill. 2022).
— 740 ILCS 175/3(a)(1)(G) — 17 cases
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “Section 3 states, in relevant part, that a person is liable under the Act when he “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 knowingly conceals or knowingly and…”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016). “See 740 ILCS 175/3(a)(1), (a)(2) (West 2010).”
People ex rel. Lindblom v. Sears Brands, LLC, 2019 IL App (1st) 180588 (Ill. App. Ct. 2019). “740 ILCS 175/3(a)(1)(G) (West 2014). Under the Act, “a party ‘knowingly’ conceals or avoids an obligation to pay when it has ‘actual knowledge’ of the obligation, or ‘acts in deliberate ignorance’ or ‘reckless disregard’ of the obligation.”
People ex rel. Lindblom v. Sears Brands, LLC, 2018 IL App (1st) 171468 (Ill. App. Ct. 2018).
State ex rel. Hurst v. Fanatics, Inc., 2021 IL App (1st) 192159 (Ill. App. Ct. 2021).
— 740 ILCS 175/3(a)(1)(g) — 1 case
People ex rel. Lindblom v. Sears Brands, LLC, 2024 IL App (1st) 231163-U (Ill. App. Ct. 2024).
— 740 ILCS 175/3(a)(2) — 4 cases
People Ex Rel. Levenstein v. Salafsky, 789 N.E.2d 844 (Ill. App. Ct. 2003). “Our legislature followed Congress’s lead not only in defining “claim” but also in barring the use of false statements or records in order to “get a false or fraudulent claim paid or approved by the State” (740 ILCS 175/3(a) (2) (West 2000)). See 31 U.”
People v. Salafsky (Ill. App. Ct. 2003).
Illinois Health Facilities Auth. Ex Rel. Scachitti v. Morgan Stanley Dean Witter & Co., 887 N.E.2d 601 (Ill. App. Ct. 2008).
Illinois Health Facilities Auth. v. Morgan Stanley Dean Witter & Co. (Ill. App. Ct. 2008).
— 740 ILCS 175/3(a)(7) — 9 cases
State Ex Rel. Beeler Schad & Diamond, P.C. v. Ritz Camera Centers, Inc., 878 N.E.2d 1152 (Ill. App. Ct. 2007). “740 ILCS 175/3 (West 2002). According to the false claims provision, a person presents a false claim when he “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the…”
State Ex Rel. Beeler, Schad & Diamond, P.C. v. Burlington Coat Factory Warehouse Corp., 860 N.E.2d 423 (Ill. App. Ct. 2006).
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016). “See 740 ILCS 175/3(a)(1), (a)(2) (West 2010).”
People ex rel. Stephen B. Diamond, P.C. v. Henry Poole & Co., 2023 IL App (1st) 220195 (Ill. App. Ct. 2023). “The circuit court found an issue of material fact existed on the issue of whether Poole had the requisite knowledge under section 3 of the Illinois False Claims Act (740 ILCS 175/3 (West 2018)) and No. 1-22-0195 denied summary judgment.”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016).
— 740 ILCS 175/3(a)(Z)(C) — 1 case
United States ex rel. McGee v. IBM Corp., 81 F. Supp. 3d 643 (N.D. Ill. 2015). “Specifically, these statutes prohibit knowingly presenting, or causing to be presented, a false or fraudulent claim for payment, and knowingly making or using a false record or statement that is material to a false or fraudulent claim paid by the government.”
— 740 ILCS 175/3(a)(l) — 3 cases
United States Ex. Rel. Humphrey v. Franklin-Williamson Human Servs., Inc., 189 F. Supp. 2d 862 (S.D. Ill. 2002). “§ 3729 (a)(1) and (2), and the Illinois Whistleblower Reward and Protection Act (“Whistleblower Act”), 740 ILCS 175/3(a)(l) and (2) in connection with its billing practices, as outlined below.”
Cunliffe v. Wright, 51 F. Supp. 3d 721 (N.D. Ill. 2014).
Illinois Health Facilities Auth. Ex Rel. Scachitti v. Morgan Stanley Dean Witter & Co., 887 N.E.2d 601 (Ill. App. Ct. 2008).
— 740 ILCS 175/3(a)(l)(A) — 1 case
United States ex rel. McGee v. IBM Corp., 81 F. Supp. 3d 643 (N.D. Ill. 2015). “Specifically, these statutes prohibit knowingly presenting, or causing to be presented, a false or fraudulent claim for payment, and knowingly making or using a false record or statement that is material to a false or fraudulent claim paid by the government.”
— 740 ILCS 175/3(a)(l)(C) — 1 case
United States v. Triad Isotopes, Inc., 104 F. Supp. 3d 901 (N.D. Ill. 2015).
— 740 ILCS 175/3(b) — 2 cases
State Ex Rel. Beeler Schad & Diamond, P.C. v. Ritz Camera Centers, Inc., 878 N.E.2d 1152 (Ill. App. Ct. 2007). “740 ILCS 175/3 (West 2002). According to the false claims provision, a person presents a false claim when he “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the…”
State ex rel. Beller Schad & Diamond, P.C. v. Ritz Camera Centers, Inc. (Ill. App. Ct. 2007).
— 740 ILCS 175/3(b)(1) — 4 cases
Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2017).
State of Illinois ex rel Wilke v. Ameresco, Inc., 2020 IL App (4th) 180563-U (Ill. App. Ct. 2020).
Call One Inc v. Berkley Ins. Co. (N.D. Ill. 2022).
State of Illinois Ex. Rel Ken Elder v. JPMorgan Chase N.A. (N.D. Ill. 2022).
— 740 ILCS 175/3(b)(1)(A) — 4 cases
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “Section 3 states, in relevant part, that a person is liable under the Act when he “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 knowingly conceals or knowingly and…”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/3 (West 2012). Section 3 states, in relevant part, that a person is liable under the Act when he “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 -2-…”
People ex rel. Lindblom v. Best Buy Stores, L.P., 2024 IL App (1st) 240379-U (Ill. App. Ct. 2024).
— 740 ILCS 175/3(b)(1)(A)(i) — 4 cases
People ex rel. Lindblom v. Sears Brands, LLC, 2019 IL App (1st) 180588 (Ill. App. Ct. 2019). “740 ILCS 175/3(a)(1)(G) (West 2014). Under the Act, “a party ‘knowingly’ conceals or avoids an obligation to pay when it has ‘actual knowledge’ of the obligation, or ‘acts in deliberate ignorance’ or ‘reckless disregard’ of the obligation.”
People ex rel. Beeler, Schad & Diamond, P.C., 2016 IL App (1st) 151580 (Ill. App. Ct. 2016).
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016).
People ex rel. Beeler, Schad & Diamond, P.C., 2016 IL App (1st) 151580 (Ill. App. Ct. 2016).
— 740 ILCS 175/3(b)(1)(A)(iii) — 1 case
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/3 (West 2012). Section 3 states, in relevant part, that a person is liable under the Act when he “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 -2-…”
— 740 ILCS 175/3(b)(1)(B) — 5 cases
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “Section 3 states, in relevant part, that a person is liable under the Act when he “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 knowingly conceals or knowingly and…”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016). “See 740 ILCS 175/3(a)(1), (a)(2) (West 2010).”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/3 (West 2012). Section 3 states, in relevant part, that a person is liable under the Act when he “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 -2-…”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016).
— 740 ILCS 175/3(b)(3) — 4 cases
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016). “See 740 ILCS 175/3(a)(1), (a)(2) (West 2010).”
State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. Nat'l Bus. Furniture, LLC, 2016 IL App (1st) 150526 (Ill. App. Ct. 2016).
People ex rel. Lindblom v. Sears Brands, LLC, 2024 IL App (1st) 231163-U (Ill. App. Ct. 2024).
People ex rel. Lindblom v. Best Buy Stores, L.P., 2024 IL App (1st) 240379-U (Ill. App. Ct. 2024).
— 740 ILCS 175/3(b)(4) — 1 case
— 740 ILCS 175/3(c) — 4 cases
People Ex Rel. Levenstein v. Salafsky, 789 N.E.2d 844 (Ill. App. Ct. 2003). “Our legislature followed Congress’s lead not only in defining “claim” but also in barring the use of false statements or records in order to “get a false or fraudulent claim paid or approved by the State” (740 ILCS 175/3(a) (2) (West 2000)). See 31 U.”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “Though the remedy Pusateri seeks is a mix of penalty and damages, the sole reason the alleged falsehoods might be actionable under the False Claims Act is that they would have induced the State to pay too much for PG’s natural gas.”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014).
People v. Salafsky (Ill. App. Ct. 2003).
— 740 ILCS 175/3(d) — 2 cases
State Ex Rel. Beeler Schad & Diamond, P.C. v. Ritz Camera Centers, Inc., 878 N.E.2d 1152 (Ill. App. Ct. 2007). “740 ILCS 175/3 (West 2002). According to the false claims provision, a person presents a false claim when he “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the…”
State ex rel. Beller Schad & Diamond, P.C. v. Ritz Camera Centers, Inc. (Ill. App. Ct. 2007).
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