Mass. Gen. Laws » Part I Title II Chapter 12
Massachusetts General Laws

Mass. Gen. Laws ch. 12, § 5C (2026)

Violations under Secs. 5B to 5O; investigation by attorney general; relators; civil actions

✓ current as of July 2026
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Section 5C. (1) The attorney general shall investigate violations under sections 5B to 5O, inclusive, involving state funds or funds from any political subdivision. If the attorney general finds that a person has violated or is violating said sections 5B to 5O, inclusive, the attorney general may bring a civil action in superior court against the person.

(2) An individual, hereafter referred to as relator, may bring a civil action in superior court for a violation of said sections 5B to 5O, inclusive, on behalf of the relator and the commonwealth or any political subdivision thereof. The action shall be brought in the name of the commonwealth or the political subdivision thereof. The action may be dismissed only if the attorney general gives written reasons for consenting to the dismissal and the court approves the dismissal. Notwithstanding any general or special law to the contrary, it shall not be a cause for dismissal or a basis for a defense that the relator could have brought another action based on the same or similar facts under any other law or administrative proceeding.

(3) When a relator brings an action under said sections 5B to 5O, inclusive, a copy of the complaint and written disclosure of substantially all material evidence and information the relator possesses shall be served on the attorney general pursuant to Rule 4(d) (3) of the Massachusetts Rules of Civil Procedure. The complaint shall be filed under seal and shall remain so for 120 days after service upon the attorney general. Notwithstanding any other general or special law or procedural rule to the contrary, service on the defendant shall not be required until the period provided in paragraph (5). The attorney general may, for good cause shown, ask the court for extensions during which the complaint shall remain under seal. Any such motions may be supported by affidavits or other submissions under seal. The attorney general may elect to intervene and proceed with the action on behalf of the commonwealth or political subdivision within the 120–day period or during any extension, after the attorney general receives both the complaint and the material evidence and information. Any information or documents furnished by the relator to the attorney general in connection with an action or investigation under said sections 5B to 5O, inclusive, shall be exempt from disclosure under section 10 of chapter 66.

(4) Before the expiration of the initial 120 day period or any extensions obtained under paragraph (3), the attorney general shall; (i) assume control of the action, in which case the action shall be conducted by the attorney general; or (ii) notify the court that he declines to take over the action, in which case the relator shall have the right to conduct the action.

(5) If the attorney general decides to proceed with the action, the complaint shall be unsealed and served promptly thereafter. The defendant shall not be required to respond to any complaint filed under said sections 5B to 5O, inclusive, until 20 days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Massachusetts rules of civil procedure.

(6) When a relator brings an action pursuant to this section, no person other than the attorney general may intervene or bring a related action based on the facts underlying the pending action.

(7) With respect to any federal, state or local government that is named as a co-plaintiff with the commonwealth in an action brought pursuant to sections 5B to 5O, inclusive, a seal on the action ordered by the court under paragraph (3) shall not preclude the commonwealth or the relator from serving the complaint, any other pleadings or the written disclosure of substantially all material evidence and information possessed by the relator on the law enforcement authorities that are authorized under the law of that federal, state or local government to investigate and prosecute such actions on behalf of such governments, except that such seal shall apply to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.

Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2006–2026 · leading case: Phone Recovery Servs., LLC v. Verizon of New England, Inc., 102 N.E.3d 968 (Mass. 2018).
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Phone Recovery Servs., LLC v. Verizon of New England, Inc., 102 N.E.3d 968 (Mass. 2018). · cites it 5× “See also G. L. c. 12, § 5C (2) ("An individual, hereafter referred to as relator, may bring a civil action in superior court .”
Scannell v. Attorney Gen., 872 N.E.2d 1136 (Mass. App. Ct. 2007). · cites it 4× “See G. L. c. 12, § 5C(2). See also G. L. c. 12, § 5A, defining “[r]elator” as “an individual who brings an action under paragraph (2) of section 5C.”
Sheppard v. 265 Essex St. Operating Co., 299 F. Supp. 3d 278 (D.D.C. 2018). · cites it 4× “In her proposed amended complaint, Sheppard alleges that Essex violated several specific provisions of the MFCA, including Sections 5B(1), 5B(2), and 5B(8), and brings her action "on behalf of the Commonwealth of Massachusetts" as permitted by Mass. Gen. Laws ch. 12, § 5C(2).…”
United States v. Univ. of Massachusetts, 812 F.3d 35 (1st Cir. 2016). “§ 3730 (b)(4)(B); Mass. Gen. Laws ch. 12, § 5C(4)(ii). When the case was taken out from under seal, the second amended complaint was served.”
United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Maryland 2013). “931 (5)(e); Mass. Gen. Laws Ann. ch. 12, § 5C(6); Va.”
United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). “175/4(b); Mass. Gen. Laws ch. 12, § 5C(2); Nev.Rev.”
United States ex rel. Dickson v. Bristol-Meyers Squibb Co., 123 F. Supp. 3d 584 (D.N.J. 2015). “6 § 1203(b)(2), Mass. Gen. Laws ch. 12 § 5C(3), N.C. Gen.”
United States ex rel. Bartz v. Ortho-McNeil Pharm., Inc., 856 F. Supp. 2d 253 (D. Mass. 2012). “§ 3730 (b)(1); Mass. Gen. Laws ch. 12, § 5C(2). The J & J defendants and' McKesson Specialty now move to dismiss the Third Amended Complaint based on the FCA’s public disclosure and first-to-file bars.”
Richard a. Cole v. Figliola & Romano, LLC, & Others. (Mass. App. Ct. 2026). · cites it 4× “See G. L. c. 12, § 5C (3). Commonwealth intervened in the matter on November 7, 2024.”
Powell v. Holmes (D. Mass. 2021). · cites it 3× “They contend that Comm2A is not a proper relator because it is not a natural person and that Powell and Carlton are not proper relators because they do not have “direct and independent knowledge” of the facts underlying the claim.”
Phone Recovery Servs., LLC v. Verizon of New England, Inc., 33 Mass. L. Rptr. 102 (Mass. Super. Ct. 2015). · cites it 3× “In its notice of election to decline intervention, citing G.L.c. 12, §5C(2), the Commonwealth requested notice prior to dismissal of this action.”
Commonwealth ex rel. Riedel v. Quest Diagnostics Inc., 30 Mass. L. Rptr. 327 (Mass. Super. Ct. 2012). · cites it 2× “After 120 days, the Attorney General must either “assume control of the action, in which case the action shall be conducted by [her]” or “notify the court that [she] declines to take over the action, in which case the relator shall have the right to conduct the action.”
Show all 18 citing cases →
— Mass. Gen. Laws ch. 12, § 5C(1) — 1 case
Powell v. Holmes (D. Mass. 2021). “They contend that Comm2A is not a proper relator because it is not a natural person and that Powell and Carlton are not proper relators because they do not have “direct and independent knowledge” of the facts underlying the claim.”
— Mass. Gen. Laws ch. 12, § 5C(2) — 6 cases
Scannell v. Attorney Gen., 872 N.E.2d 1136 (Mass. App. Ct. 2007). “See G. L. c. 12, § 5C(2). See also G. L. c. 12, § 5A, defining “[r]elator” as “an individual who brings an action under paragraph (2) of section 5C.”
Sheppard v. 265 Essex St. Operating Co., 299 F. Supp. 3d 278 (D.D.C. 2018). “In her proposed amended complaint, Sheppard alleges that Essex violated several specific provisions of the MFCA, including Sections 5B(1), 5B(2), and 5B(8), and brings her action "on behalf of the Commonwealth of Massachusetts" as permitted by Mass. Gen. Laws ch. 12, § 5C(2).…”
United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). “175/4(b); Mass. Gen. Laws ch. 12, § 5C(2); Nev.Rev.”
United States ex rel. Bartz v. Ortho-McNeil Pharm., Inc., 856 F. Supp. 2d 253 (D. Mass. 2012). “§ 3730 (b)(1); Mass. Gen. Laws ch. 12, § 5C(2). The J & J defendants and' McKesson Specialty now move to dismiss the Third Amended Complaint based on the FCA’s public disclosure and first-to-file bars.”
Phone Recovery Servs., LLC v. Verizon of New England, Inc., 33 Mass. L. Rptr. 102 (Mass. Super. Ct. 2015). “In its notice of election to decline intervention, citing G.L.c. 12, §5C(2), the Commonwealth requested notice prior to dismissal of this action.”
— Mass. Gen. Laws ch. 12, § 5C(3) — 6 cases
Sheppard v. 265 Essex St. Operating Co., 299 F. Supp. 3d 278 (D.D.C. 2018). “In her proposed amended complaint, Sheppard alleges that Essex violated several specific provisions of the MFCA, including Sections 5B(1), 5B(2), and 5B(8), and brings her action "on behalf of the Commonwealth of Massachusetts" as permitted by Mass. Gen. Laws ch. 12, § 5C(2).…”
Scannell v. Attorney Gen., 872 N.E.2d 1136 (Mass. App. Ct. 2007). “See G. L. c. 12, § 5C(2). See also G. L. c. 12, § 5A, defining “[r]elator” as “an individual who brings an action under paragraph (2) of section 5C.”
United States ex rel. Dickson v. Bristol-Meyers Squibb Co., 123 F. Supp. 3d 584 (D.N.J. 2015). “6 § 1203(b)(2), Mass. Gen. Laws ch. 12 § 5C(3), N.C. Gen.”
Sheppard v. 265 Essex Street Operating Co., LLC (D. Mass. 2018).
Powell v. Holmes (D. Mass. 2021). “They contend that Comm2A is not a proper relator because it is not a natural person and that Powell and Carlton are not proper relators because they do not have “direct and independent knowledge” of the facts underlying the claim.”
— Mass. Gen. Laws ch. 12, § 5C(4) — 3 cases
Scannell v. Attorney Gen., 872 N.E.2d 1136 (Mass. App. Ct. 2007). “See G. L. c. 12, § 5C(2). See also G. L. c. 12, § 5A, defining “[r]elator” as “an individual who brings an action under paragraph (2) of section 5C.”
Commonwealth ex rel. Riedel v. Quest Diagnostics Inc., 30 Mass. L. Rptr. 327 (Mass. Super. Ct. 2012). “After 120 days, the Attorney General must either “assume control of the action, in which case the action shall be conducted by [her]” or “notify the court that [she] declines to take over the action, in which case the relator shall have the right to conduct the action.”
Phone Recovery Servs., LLC v. Verizon of New England, Inc., 33 Mass. L. Rptr. 102 (Mass. Super. Ct. 2015). “In its notice of election to decline intervention, citing G.L.c. 12, §5C(2), the Commonwealth requested notice prior to dismissal of this action.”
— Mass. Gen. Laws ch. 12, § 5C(4)(ii) — 1 case
United States v. Univ. of Massachusetts, 812 F.3d 35 (1st Cir. 2016). “§ 3730 (b)(4)(B); Mass. Gen. Laws ch. 12, § 5C(4)(ii). When the case was taken out from under seal, the second amended complaint was served.”
— Mass. Gen. Laws ch. 12, § 5C(6) — 1 case
United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Maryland 2013). “931 (5)(e); Mass. Gen. Laws Ann. ch. 12, § 5C(6); Va.”
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