N.C. Gen. Stat. » Chapter 1
NC General Statutes

N.C. Gen. Stat. § 1-607 (2026)

False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptions

✓ current as of July 2026
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(a) Liability. - Any person who commits any of the following acts shall be liable to the State for three times the amount of damages that the State sustains because of the act of that person. A person who commits any of the following acts also shall be liable to the State for the costs of a civil action brought to recover any of those penalties or damages and shall be liable to the State for a civil penalty of not less than five thousand five hundred dollars ($5,500) and not more than eleven thousand dollars ($11,000), as may be adjusted by Section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, P.L. 101-410, as amended, for each violation:

(1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval.

(2) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim.

(3) Conspires to commit a violation of subdivision (1), (2), (4), (5), (6), or (7) of this section.

(4) 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 of that money or property.

(5) 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.

(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any officer or employee of the State who lawfully may not sell or pledge the property.

(7) 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.

(b) Damages Limitation. - Notwithstanding the provisions of subsection (a) of this section, the court may limit the damages assessed under subsection (a) of this section to not less than two times the amount of damages that the State sustains because of the act of the person described in that subsection and may assess no civil penalty if the court finds all of the following:

(1) The person committing the violation furnished officials of the State who are responsible for investigating false claims violations with all information known to that person about the violation within 30 days after the date on which the person first obtained the information.

(2) The person fully cooperated with any investigation of the violation by the State.

(3) At the time the person furnished the State with information about the violation, no criminal prosecution, civil action, or administrative action has commenced with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation.

(c) Exclusion. - This section does not apply to claims, records, or statements made under Chapter 105 of the General Statutes. (2009-554, s. 1; 2018-41, s. 2.)

 

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 2016–2024 · leading case: US ex rel. Haile Nicholson v. Medcom Carolinas, Inc., 42 F.4th 185 (4th Cir. 2022).
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US ex rel. Haile Nicholson v. Medcom Carolinas, Inc., 42 F.4th 185 (4th Cir. 2022). “§ 1320a-7b; and Count V was under the North Carolina False Claims Act, N.C. Gen. Stat. § 1-607 . In paragraph 16 of the Complaint, Nicholson describes the illegal scheme that formed the basis of all his claims.”
United States Ex Rel. Schneider v. J.P. Morgan Chase Bank, N.A., 224 F. Supp. 3d 48 (D.D.C. 2016). “Law § 189 (1)(g) Count XX: North Carolina False Claims Act, N.C. Gen. Stat. § 1-607 (a)(7) Count XXI: Rhode Island False Claims Act, 9 R.”
Affinity Living Grp., LLC v. Starstone Specialty Ins. Co., 350 F. Supp. 3d 424 (M.D.N.C. 2018). · cites it 2× “2003) ; see also N.C. Gen. Stat. § 1-607 (a)(1)-(2) (providing liability for damages sustained by the state when a defendant "knowingly" presents, uses, or makes a "false or fraudulent claim .”
Devarapally v. Ferncreek Cardiology, P.A. (E.D.N.C. 2023). · cites it 8× “§ 3729 (a); see N.C. Gen. Stat. § 1-607 (a). To state a False Claims Act claim, a plaintiff must allege: “1) that the defendant made a false statement or engaged in a fraudulent course of conduct; 2) such statement or conduct was made or carried out with the requisite scienter;…”
State of NC v. Kinston Charter Acad. (N.C. Ct. App. 2019). · cites it 7× “” N.C. Gen. Stat. § 1-607 (a) (2017). The NCFCA was enacted “to deter persons from knowingly causing or assisting in causing the State to pay claims that are false or fraudulent and to provide remedies in the form of treble damages and civil penalties when money is obtained from…”
State v. Kinston Charter Acad. (N.C. 2021). · cites it 7× “§ 1-607 (2019); that the State properly pled claims against the Academy and Mr.”
State v. Kinston Charter Acad. (N.C. 2021). · cites it 7× “§ 1-607 (2019); that the State properly pled claims against the Academy and Mr.”
Lowery v. All Medicines, Inc. (E.D.N.C. 2021). · cites it 7× “§ 3729 (a)(1)(A) and N.C. Gen. Stat. § 1-607 (a)(1); 2. False Statements Material to False Claims in violation of 31 U.”
Expert Discovery (N.C. Ct. App. 2022). · cites it 2× “” N.C. Gen. Stat. § 1-607 (a)(1)-(2) (2014).”
Latta v. Luckman (D.N.J. 2022). “See N.C. Gen. Stat. §§1-607 , 1-608. The Court therefore considers the merits of Plaintiff’s claims pursuant to the federal False Claims Act, 31 U.”
Bolinger v. 24th Street, Inc. (D.N.J. 2024). “Law § 189 (Counts 22–24), North Carolina False Claims Act, N.C. Gen. Stat. § 1-607 (Counts 25–27), and Tennessee Medicaid False Claims Act, Tenn.”
— N.C. Gen. Stat. § 1-607(a) — 3 cases
State of NC v. Kinston Charter Acad. (N.C. Ct. App. 2019). “” N.C. Gen. Stat. § 1-607 (a) (2017). The NCFCA was enacted “to deter persons from knowingly causing or assisting in causing the State to pay claims that are false or fraudulent and to provide remedies in the form of treble damages and civil penalties when money is obtained from…”
State v. Kinston Charter Acad. (N.C. 2021). “§ 1-607 (2019); that the State properly pled claims against the Academy and Mr.”
State v. Kinston Charter Acad. (N.C. 2021). “§ 1-607 (2019); that the State properly pled claims against the Academy and Mr.”
— N.C. Gen. Stat. § 1-607(a)(1) — 3 cases
State v. Kinston Charter Acad. (N.C. 2021). “§ 1-607 (2019); that the State properly pled claims against the Academy and Mr.”
Devarapally v. Ferncreek Cardiology, P.A. (E.D.N.C. 2023). “§ 3729 (a); see N.C. Gen. Stat. § 1-607 (a). To state a False Claims Act claim, a plaintiff must allege: “1) that the defendant made a false statement or engaged in a fraudulent course of conduct; 2) such statement or conduct was made or carried out with the requisite scienter;…”
State v. Kinston Charter Acad. (N.C. 2021). “§ 1-607 (2019); that the State properly pled claims against the Academy and Mr.”
— N.C. Gen. Stat. § 1-607(a)(2) — 1 case
Devarapally v. Ferncreek Cardiology, P.A. (E.D.N.C. 2023). “§ 3729 (a); see N.C. Gen. Stat. § 1-607 (a). To state a False Claims Act claim, a plaintiff must allege: “1) that the defendant made a false statement or engaged in a fraudulent course of conduct; 2) such statement or conduct was made or carried out with the requisite scienter;…”
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