(1) A person may not:
- (a) Present for payment or approval, or cause to be presented for payment or approval, a claim that the person knows is a false claim.
- (b) In the course of presenting a claim for payment or approval, make or use, or cause to be made or used, a record or statement that the person knows to contain, or to be based on, false or fraudulent information.
- (c) Agree or conspire with other persons to present for payment or approval a claim that the person knows is a false claim.
- (d) Deliver, or cause to be delivered, property to a public agency in an amount the person knows is less than the amount for which the person receives a certificate or receipt.
- (e) Make or deliver a document certifying receipt of property used by a public agency, or intended to be used by a public agency, that the person knows contains false or fraudulent information.
- (f) Buy property of a public agency from an officer or employee of a public agency if the person knows that the officer or employee is not authorized to sell the property.
- (g) Receive property of a public agency from an officer or employee of the public agency as a pledge of an obligation or debt if the person knows that the officer or employee is not authorized to pledge the property.
- (h) Make or use, or cause to be made or used, a false or fraudulent statement to conceal, avoid or decrease an obligation to pay or transmit moneys or property to a public agency if the person knows that the statement is false or fraudulent.
- (i) Fail to disclose a false claim that benefits the person within a reasonable time after discovering that the false claim has been presented or submitted for payment or approval.
(2) For the purposes of this section, a person has knowledge that a claim, record, statement, document or information is false or fraudulent if the person:
- (a) Has actual knowledge of the false or fraudulent nature of the claim, record, statement, document or information;
- (b) Acts in deliberate ignorance of the false or fraudulent nature of the claim, record, statement, document or information; or
- (c) Acts in reckless disregard of the false or fraudulent nature of the claim, record, statement, document or information.
- (3) In an action under ORS 180.760, the Attorney General need not prove that a person specifically intended to defraud a public agency to establish that a person acted with knowledge as described in subsection (2) of this section.
Note: See note under 180.750.
[2009 c.292 §2]