N.M. Stat. » N.M. Stat. / Chapter 44 / Article 9
New Mexico Statutes

N.M. Stat. § 44-9-4 (2026)

Investigation by the attorney general; delegation; civil

✓ current as of May 2026
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action.
    A. The attorney general shall diligently investigate suspected violations of Section
44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is
violating that section, the attorney general may bring a civil action against that person
pursuant to the Fraud Against Taxpayers Act.

    B. The attorney general may in appropriate cases delegate the authority to
investigate or to bring a civil action to the state agency or political subdivision to which a
false claim was made, and when this occurs, the state agency or political subdivision
shall have every power conferred upon the attorney general pursuant to the Fraud
Against Taxpayers Act. If the attorney general has delegated authority to a state agency
or political subdivision, all references to the attorney general in the Fraud Against
Taxpayers Act shall apply to the delegee.

History: Laws 2007, ch. 40, § 4; 2015, ch. 128, § 3.

                                      ANNOTATIONS

Cross references. — For the authority of the attorney general to bring civil and criminal
action, see 8-5-3 NMSA 1978.

The 2015 amendment, effective June 19, 2015, provided the authority for the attorney
general to delegate powers to political subdivisions of the state to investigate suspected
violations of the Fraud Against Taxpayers Act; in Subsection A, after "Section", deleted
"3 of the Fraud Against Taxpayers Act" and added "44-9-3 NMSA 1978"; in Subsection
B, after "action to the state agency", added "or political subdivision", after "occurs, the
state agency", added "or political subdivision", and after "Fraud Against Taxpayers
Act.", added the last sentence.
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2015–2025 · leading case: State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 025 (N.M. 2015).
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State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 025 (N.M. 2015). · cites it 3× “See §§ 44-9-4(A), 44-9-5. FATA authorizes a qui tam 20 plaintiff to recover up to thirty percent of the damage award as well as reasonable 21 expenses incurred in the action and reasonable attorneys’ fees.”
State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 25 (N.M. 2015). · cites it 3× “See §§ 44-9-4(A), 44-9-5. FATA authorizes a qui tam plaintiff to recover up to thirty percent of the damage award as well as reasonable expenses incurred in the action and reasonable attorneys’ fees.”
Galloway v. N.M. Off. of the Superintendent of Ins. (N.M. 2025). · cites it 3× “” See § 44-9-4(A). The AG must then make a decision: (1) intervene, take 12 over the action, and share fifteen to twenty-five percent of any proceeds with the qui 13 tam plaintiff, see § 44-9-5(C); § 44-9-7(A)(1), or (2) allow the qui tam plaintiff to 14 control the action and…”
Galloway v. N.M. Off. of the Superintendent of Ins. (N.M. 2025). · cites it 3× “” See § 44-9-4(A). The AG must then make a decision: (1) intervene, take over the action, and share fifteen to twenty-five percent of any proceeds with the qui tam plaintiff, see § 44-9-5(C); § 44-9- 7(A)(1), or (2) allow the qui tam plaintiff to control the action and keep…”
La Frontera Ctr., Inc. v. United Behavioral Health, Inc. (D.N.M. 2025). · cites it 2× “the FATA provides that the attorney general must investigate suspected violations or delegate the authority to investigate to “the state agency or political subdivision to which a false claim was made,” N.M. Stat. Ann. § 44-9-4 . Here, the attorney general stated in a letter to…”
— N.M. Stat. § 44-9-4(A) — 4 cases
State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 025 (N.M. 2015). “See §§ 44-9-4(A), 44-9-5. FATA authorizes a qui tam 20 plaintiff to recover up to thirty percent of the damage award as well as reasonable 21 expenses incurred in the action and reasonable attorneys’ fees.”
State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 25 (N.M. 2015). “See §§ 44-9-4(A), 44-9-5. FATA authorizes a qui tam plaintiff to recover up to thirty percent of the damage award as well as reasonable expenses incurred in the action and reasonable attorneys’ fees.”
Galloway v. N.M. Off. of the Superintendent of Ins. (N.M. 2025). “” See § 44-9-4(A). The AG must then make a decision: (1) intervene, take 12 over the action, and share fifteen to twenty-five percent of any proceeds with the qui 13 tam plaintiff, see § 44-9-5(C); § 44-9-7(A)(1), or (2) allow the qui tam plaintiff to 14 control the action and…”
Galloway v. N.M. Off. of the Superintendent of Ins. (N.M. 2025). “” See § 44-9-4(A). The AG must then make a decision: (1) intervene, take over the action, and share fifteen to twenty-five percent of any proceeds with the qui tam plaintiff, see § 44-9-5(C); § 44-9- 7(A)(1), or (2) allow the qui tam plaintiff to control the action and keep…”
— N.M. Stat. § 44-9-4(B) — 2 cases
State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 025 (N.M. 2015). “See §§ 44-9-4(A), 44-9-5. FATA authorizes a qui tam 20 plaintiff to recover up to thirty percent of the damage award as well as reasonable 21 expenses incurred in the action and reasonable attorneys’ fees.”
State ex rel. Foy v. Austin Capital Mgmt., Ltd., 2015 NMSC 25 (N.M. 2015). “See §§ 44-9-4(A), 44-9-5. FATA authorizes a qui tam plaintiff to recover up to thirty percent of the damage award as well as reasonable expenses incurred in the action and reasonable attorneys’ fees.”
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