§ 23A-28B-35 Fraudulent claim prohibited--Violation as misdemeanor or felony.

SD Codified L § 23A-28B-35 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

23A-28B-35. Fraudulent claim prohibited--Violation as misdemeanor or felony. No person may submit a fraudulent application or claim for a victims' compensation award, may intentionally make or cause to be made any false statement or representation of a material fact in a claim, or may intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such claim or award when reasonably requested to provide such information by the department or the commission.

Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor if the application or claim is in an amount of one thousand dollars or less. Any person who violates the provisions of this section is guilty of a Class 4 felony if the application or claim is in an amount exceeding one thousand dollars.

Any person who violates the provisions of this section forfeits any benefit received under this chapter and shall reimburse the state for any such payments received or paid to or on behalf of that person.

The state has a civil cause of action for relief against any person who violates this section in the amount of damages which the state has sustained as a result of such violation and, in addition, for punitive damages in an amount not more than double the amount of damages which the state has sustained, together with interest, plus the cost of such suit.

Source: SL 1991, ch 201, § 35; SL 2006, ch 130, § 6.

Previous Section

§ 23A-28B-34 Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.

Next Section

§ 23A-28B-36 Confidentiality of records and reports.