720 ILCS 5/17-8.5 – Fraud on a Governmental Entity
This law makes it illegal to trick the government into giving you money or property by lying.
This statute says that it’s a crime to cheat a government agency by making false claims, like pretending to be hurt or saying something was stolen, in order to get money or property. The punishment depends on how much was taken and whether the person committed the fraud multiple times or helped organize others to do it.
(a) A person commits fraud on a government entity when they lie to get money or property from a government agency, such as by making up injuries or false claims about stolen or damaged items, with the intent to keep that money or property.
(b) A person commits aggravated fraud on a government entity if they commit this type of fraud three or more times in 18 months, even if the incidents are separate.
(c) When someone is charged with being part of a plan to commit aggravated fraud, the other people involved don’t have to be the same each time, as long as the accused was part of each scheme.
(d) A person is considered an organizer of an aggravated fraud conspiracy if they help manage, finance, or lead the group that plans or commits three or more frauds. They can be punished for organizing the conspiracy and for the crimes themselves.
(e) Sentence:
- If the property value is $300 or less, it is a Class A misdemeanor.
- If the value is more than $300 but not more than $10,000, it is a Class 3 felony.
- If the value is more than $10,000 but not more than $100,000, it is a Class 2 felony.
- If the value is more than $100,000, it is a Class 1 felony.
- Aggravated fraud is always a Class 1 felony, no matter the property’s value.
- Being an organizer of an aggravated fraud conspiracy is a Class X felony.
- A person can be convicted and punished both for conspiracy and for the crimes that were part of it.
(f) Anyone who commits this kind of fraud can also be sued by the government to repay up to three times the value of what they wrongfully got (or twice the value if they didn’t actually get it), plus attorney’s fees.
(g) If the value of the property involved isn’t clear, it will be based on the fair market value or the reasonable cost of replacement or services.
(h) Licensing Agency Actions:
- State agencies and police will work together to enforce these laws.
- If a licensed professional is convicted, the Illinois State Police must share this with all licensing agencies.
- These licensing agencies then have six months to report what disciplinary action they took, such as suspending or revoking the license.
(i) Terms like “obtain,” “deception,” and “property” have the same meanings as defined in Article 15 of the Illinois Criminal Code.
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