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Current through October 23, 2012
(a) A civil action brought pursuant to § 2-381.03 may not be filed more than 6 years after the date on which the violation of § 2-381.02 is committed or more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by an official of the Office of Corporation Counsel, but in no event more than 9 years after the date on which the violation is committed, whichever occurs last.
(b) A civil action brought pursuant to § 2-381.03 may not be brought for activity prior to April 12, 1997.
(c) In any action brought pursuant to § 2-381.03, the District or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a judgment of guilt in a criminal proceeding charging false statements or fraud, upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action brought pursuant to § 2-308.15 which involves the same transaction as in the criminal proceeding.
(Feb. 21, 1986, D.C. Law 6-85, § 817, 32 DCR 7396, as added May 8, 1998, D.C. Law 12-104, § 2(g), 45 DCR 1687; Apr. 20, 1999, D.C. Law 12-264, § 10(d), 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
2001 Ed., § 2-308.17.
1981 Ed., § 1-1188.17.
Legislative History of Laws
For legislative history of D.C. Law 12-104, see Historical and Statutory Notes following § 2-308.07.
For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 2-301.05.
