Virginia Code

Va. Code Ann. § 8.01-216.3 (2026)

(Effective November 1, 2026) False claims; civil penalty

✓ current as of May 2026

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A. Any person who:

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, 7, 8, 9, or 10;

4. Has possession, custody, or control of property or money used, or to be used, by the Commonwealth and knowingly delivers, or causes to be delivered, less than all such money or property;

5. Has possession, custody, or control of an illegal gambling device, as defined in § 18.2-325, knowing such device is illegal, and knowingly conceals, avoids, or decreases an obligation to pay or transmit money to the Commonwealth that is derived from the operation of such device;

6. Manufactures for sale, sells, or distributes an illegal gaming device knowing that such device is or is intended to be operated in the Commonwealth in violation of Article 1 (§ 18.2-325 et seq.) or Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;

7. Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Commonwealth and, intending to defraud the Commonwealth, makes or delivers the receipt without completely knowing that the information on the receipt is true;

8. Knowingly buys or receives as a pledge of an obligation or debt, public property from an officer or employee of the Commonwealth who lawfully may not sell or pledge the property;

9. 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 Commonwealth or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Commonwealth; or

10. Except as otherwise permitted by the Cannabis Control Act (§ 4.1-600 et seq.), offers for sale or sells at retail a substance intended for human consumption, orally or by inhalation, that (i) contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent or (ii) contains more than two milligrams of total tetrahydrocannabinol per package in violation of § 3.2-4126 or Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;

shall be liable to the Commonwealth for a civil penalty of not less than $10,957 and not more than $21,916, except that these lower and upper limits on liability shall automatically be adjusted to equal the amounts allowed under the Federal False Claims Act, 31 U.S.C. § 3729 et seq., as amended, as such penalties in the Federal False Claims Act are adjusted for inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C. § 2461 Note, P.L. 101-410), plus three times the amount of damages sustained by the Commonwealth.

A person violating this section shall be liable to the Commonwealth for reasonable attorney fees and costs of a civil action brought to recover any such penalties or damages. All such fees and costs shall be paid to the Attorney General's Office by the defendant and shall not be included in any damages or civil penalties recovered in a civil action based on a violation of this section.

B. If the court finds that (i) the person committing the violation of this section furnished officials of the Commonwealth responsible for investigating false claims violations with all information known to the person about the violation within 30 days after the date on which the defendant first obtained the information; (ii) such person fully cooperated with any Commonwealth investigation of such violation; (iii) at the time such person furnished the Commonwealth with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to such violation; and (iv) the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not less than two times the amount of damages that the Commonwealth sustains because of the act of that person. A person violating this section shall also be liable to the Commonwealth for the costs of a civil action brought to recover any such penalty or damages.

C. For purposes of this section, the terms "knowing" and "knowingly" 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 require no proof of specific intent to defraud.

D. Except as provided in subdivision A 5, this section shall not apply to claims, records, or statements relating to state or local taxes.

2002, c. 842; 2004, c. 589; 2007, c. 569; 2011, c. 676; 2018, c. 624; 2020, c. 791; 2022, c. 553; 2026, c. 1016.

Notes of Decisions

Cited in 24 cases (8 in the last 5 years), 2006–2026 · leading case: Commonwealth ex rel. FX Analytics v. Bank of New York Mellon, 84 Va. Cir. 473 (Fairfax Cir. Ct. 2012).

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Commonwealth ex rel. FX Analytics v. Bank of New York Mellon, 84 Va. Cir. 473 (Fairfax Cir. Ct. 2012). · cites it 24× “*477 Va. Code Ann. § 8.01-216.3 (A) (2009). Because the Original Complaint in this action was filed in 2009, the pre-amendment version of the Virginia Fraud Against Taxpayers Act is the applicable statute.”

Ligon v. Cnty. of Goochland, 689 S.E.2d 666 (Va. 2010). · cites it 3× “[5] In this appeal, we are not asked to consider and we do not consider whether Ligon's claim presents a valid assertion that Youngblood engaged in any unlawful practices as described in Code § 8.01-216.3 or that Ligon participated in an investigation of those practices.”

United States Ex Rel. DeCesare v. Americare in Home Nursing, 757 F. Supp. 2d 573 (E.D. Va. 2010). · cites it 4× “§ 8.01-216.3, and the District of Columbia Procurement Reform Amendment Act, D.”

United States Ex Rel. Rost v. Pfizer, Inc., 507 F.3d 720 (1st Cir. 2007). “002, the Virginia Fraud Against Taxpayers Act, Va. Code Ann. § 8.01-216.3 (A)(l)-(2), and the District of Columbia Procurement Reform Amendment Act, D.”

United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). · cites it 2× “Rev.Stat. §§ 661-21(a)(1) & (2); 740 Ill. Comp.”

Hunter Labs., ex rel. v. Commonwealth of Virginia, 828 F.3d 281 (4th Cir. 2016). · cites it 2× “The Complaint alleged that the defendant medical laboratories violated the VFATA in two ways: by presenting false claims, in contravention of Va. Code Ann. § 8.01-216.3 (A)(1); and by making or using false records or statements to obtain payment or approval of false claims, in…”

Marshall v. Commonwealth, 708 S.E.2d 253 (Va. Ct. App. 2011). · cites it 2× “19) at Code § 8.01-216.3(0, *217 which provides that the terms “knowing” and “knowingly” 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…”

United States ex rel. King v. Solvay S.A., 823 F. Supp. 2d 472 (S.D. Tex. 2011). “See Va. Code Ann. § 8.01-216.3 (3), et seq. (West, Westlaw through Acts of 2011, c.”

United States Ex Rel. Schneider v. J.P. Morgan Chase Bank, N.A., 224 F. Supp. 3d 48 (D.D.C. 2016). “3 (A)(7) Each State law count includes the same claim based on the National Mortgage Settlement, to which each of the States and the District of Columbia was a party and signatory. Relator alleges: Chase knowingly, or acting in deliberate ignorance and/or reckless disregard of…”

Elisabeth Arnold v. City of Norfolk (Va. Ct. App. 2025). · cites it 34× “See Code § 8.01-216.3. Section 8.01-216.3 specifically prohibits nine types of conduct.”

Commonwealth v. ProNurses, 91 Va. Cir. 197 (Richmond County Cir. Ct. 2015). · cites it 46× “Va. Code Ann. § 8.01-216.3 (A)(1) (2015).”

United States ex rel. Bierman v. Orthofix Int'l, N.V., 113 F. Supp. 3d 414 (D. Mass. 2015). “; the Virginia Fraud Against Taxpayers Act, Va.Code Ann. §§ 8.01-216.3 et seq.; and the Chicago False-Claims Act, Chicago Municipal Code ch.”

Show all 24 citing cases →

— Va. Code Ann. § 8.01-216.3(A) — 6 cases

Commonwealth ex rel. FX Analytics v. Bank of New York Mellon, 84 Va. Cir. 473 (Fairfax Cir. Ct. 2012). “*477 Va. Code Ann. § 8.01-216.3 (A) (2009). Because the Original Complaint in this action was filed in 2009, the pre-amendment version of the Virginia Fraud Against Taxpayers Act is the applicable statute.”

Cuccinelli v. Rector & Visitors of Univ. of Virginia (Va. 2012).

United States of Am. v. NDUTIME Youth & Fam. Servs., Inc. (E.D. Va. 2020).

Elisabeth Arnold v. City of Norfolk (Va. Ct. App. 2025). “See Code § 8.01-216.3. Section 8.01-216.3 specifically prohibits nine types of conduct.”

Commonwealth of Virginia, ex rel. Joshua M. Harman v. Trinity Indus., Inc. (Va. Ct. App. 2026).

— Va. Code Ann. § 8.01-216.3(A)(1) — 8 cases

United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). “Rev.Stat. §§ 661-21(a)(1) & (2); 740 Ill. Comp.”

United States Ex Rel. DeCesare v. Americare in Home Nursing, 757 F. Supp. 2d 573 (E.D. Va. 2010). “§ 8.01-216.3, and the District of Columbia Procurement Reform Amendment Act, D.”

Commonwealth v. ProNurses, 91 Va. Cir. 197 (Richmond County Cir. Ct. 2015). “Va. Code Ann. § 8.01-216.3 (A)(1) (2015).”

United States of Am. v. NDUTIME Youth & Fam. Servs., Inc. (E.D. Va. 2020).

Elisabeth Arnold v. City of Norfolk (Va. Ct. App. 2025). “See Code § 8.01-216.3. Section 8.01-216.3 specifically prohibits nine types of conduct.”

— Va. Code Ann. § 8.01-216.3(A)(2) — 3 cases

Commonwealth v. ProNurses, 91 Va. Cir. 197 (Richmond County Cir. Ct. 2015). “Va. Code Ann. § 8.01-216.3 (A)(1) (2015).”

United States of Am. v. NDUTIME Youth & Fam. Servs., Inc. (E.D. Va. 2020).

— Va. Code Ann. § 8.01-216.3(A)(7) — 5 cases

Commonwealth v. ProNurses, 91 Va. Cir. 197 (Richmond County Cir. Ct. 2015). “Va. Code Ann. § 8.01-216.3 (A)(1) (2015).”

Elisabeth Arnold v. City of Norfolk (Va. Ct. App. 2025). “See Code § 8.01-216.3. Section 8.01-216.3 specifically prohibits nine types of conduct.”

United States of Am. v. Walgreen Co. (W.D. Va. 2021).

United States of Am. v. Walgreen Co. (W.D. Va. 2024).

— Va. Code Ann. § 8.01-216.3(A)(9) — 1 case

Elisabeth Arnold v. City of Norfolk (Va. Ct. App. 2025). “See Code § 8.01-216.3. Section 8.01-216.3 specifically prohibits nine types of conduct.”

— Va. Code Ann. § 8.01-216.3(C) — 1 case

Commonwealth v. ProNurses, 91 Va. Cir. 197 (Richmond County Cir. Ct. 2015). “Va. Code Ann. § 8.01-216.3 (A)(1) (2015).”

— Va. Code Ann. § 8.01-216.3(a)(l) — 1 case

United States Ex Rel. DeCesare v. Americare in Home Nursing, 757 F. Supp. 2d 573 (E.D. Va. 2010). “§ 8.01-216.3, and the District of Columbia Procurement Reform Amendment Act, D.”

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