ILCS » Chapter 740 · Act 175
Illinois Compiled Statutes

740 ILCS 175/5 (2026)

False claims procedure

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(740 ILCS 175/5) (from Ch. 127, par. 4105)
    Sec. 5. False claims procedure.
    (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Section 4 of this Act may be served at any place in the State.
    (b) A civil action under Section 4 may not be brought:
        (1) more than 6 years after the date on which the
    
violation of Section 3 is committed, or
        (2) more than 3 years after the date when facts
    
material to the right of action are known or reasonably should have been known by the official of the State charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
    (c) If the State elects to intervene and proceed with an action brought under subsection (b) of Section 4, the State may file its own complaint or amend the complaint of a person who has brought an action under subsection (b) of Section 4 to clarify or add detail to the claims in which the State is intervening and to add any additional claims with respect to which the State contends it is entitled to relief. For statute of limitations purposes, any such State pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
    (d) In any action brought under Section 4, the State shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
    (e) Notwithstanding any other provision of law, a final judgement rendered in favor of the State in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Section 4.
(Source: P.A. 96-1304, eff. 7-27-10.)

    
Notes of Decisions
Cited in 5 cases, 2012–2018 · leading case: People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017).
Sort: Relevance Newest Treatment
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/5(b)(1) (West 2012). That is the protection afforded to a company that fails to collect and remit use taxes—the knowledge that the State cannot go back more than six years from the filing of the complaint— not some unwritten, judicially-bestowed immunity that allows…”
United States ex rel. McGee v. IBM Corp., 81 F. Supp. 3d 643 (N.D. Ill. 2015). “See 740 ILCS 175/5(b). IBM argues that this statute precludes any claims prior to May 24, 2005.”
United States ex rel. Upton v. Fam. Health Network, Inc., 900 F. Supp. 2d 821 (N.D. Ill. 2012). “”); 740 ILCS 175/5(b) (same, except *832 reference to “official of the United States” is replaced with “official of the State”).”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/5(b)(1) (West 2012). That is the protection afforded to a company that fails to collect and remit use taxes—the knowledge that the State cannot go back more than six years from the filing of the - 16 - complaint—not some unwritten, judicially-bestowed immunity that…”
Ailabouni v. Advocate Christ Hosp. & Med. Ctr. (N.D. Ill. 2018). “§ 3731 (b)(1); 740 ILCS 175/5(b)(1), which expired for these claims in 2016.”
— 740 ILCS 175/5(b) — 2 cases
United States ex rel. McGee v. IBM Corp., 81 F. Supp. 3d 643 (N.D. Ill. 2015). “See 740 ILCS 175/5(b). IBM argues that this statute precludes any claims prior to May 24, 2005.”
United States ex rel. Upton v. Fam. Health Network, Inc., 900 F. Supp. 2d 821 (N.D. Ill. 2012). “”); 740 ILCS 175/5(b) (same, except *832 reference to “official of the United States” is replaced with “official of the State”).”
— 740 ILCS 175/5(b)(1) — 3 cases
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/5(b)(1) (West 2012). That is the protection afforded to a company that fails to collect and remit use taxes—the knowledge that the State cannot go back more than six years from the filing of the complaint— not some unwritten, judicially-bestowed immunity that allows…”
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (Ill. App. Ct. 2017). “740 ILCS 175/5(b)(1) (West 2012). That is the protection afforded to a company that fails to collect and remit use taxes—the knowledge that the State cannot go back more than six years from the filing of the - 16 - complaint—not some unwritten, judicially-bestowed immunity that…”
Ailabouni v. Advocate Christ Hosp. & Med. Ctr. (N.D. Ill. 2018). “§ 3731 (b)(1); 740 ILCS 175/5(b)(1), which expired for these claims in 2016.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.