720 ILCS 5/33E-7 – Kickbacks
This law makes it illegal to give, take, or hide kickbacks in government or public contracts.
This law says people cannot offer, ask for, or accept secret payments (called kickbacks) in government work deals. It also says that if someone is offered a kickback but doesn’t report it, that’s a crime too.
(a) A person breaks this rule if they knowingly do any of these things:
- Give, try to give, or offer to give a kickback.
- Ask for, take, or try to take a kickback.
- Add the cost of a kickback into a contract price either between a subcontractor and a main contractor, or between a main contractor and any government body for a public project.
(b) A person also breaks this rule if they are offered a kickback or someone asks them to give one, and they do not tell law enforcement, like the Attorney General or County State’s Attorney.
(c) Sentence: Breaking part (a) is a Class 3 felony. Breaking part (b) is a Class 4 felony.
(d) A city, county, or other government agency can sue anyone who included a kickback in a contract price on purpose. They can win double the amount of money that was part of the kickback. The government has up to 6 years to file this lawsuit after the wrongdoing or after finding out about it. This law doesn’t stop the government from using other laws to get their money back.
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