(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this chapter, or rules promulgated under this chapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee.
(b) Recovery of Kickbacks by the State. (1) (A) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order under a subcontract, it shall be conclusively presumed that the amount of the kickback was included in the price of the subcontract or order and ultimately borne by the state and is recoverable under this chapter from the recipient.(B) In addition, the amount of the kickback under subdivision (b)(1)(A) of this section may also be recovered from the subcontractor making the kickback.(2) Recovery from one (1) offending party under this section does not preclude recovery from other offending parties.
(1) (A) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order under a subcontract, it shall be conclusively presumed that the amount of the kickback was included in the price of the subcontract or order and ultimately borne by the state and is recoverable under this chapter from the recipient.(B) In addition, the amount of the kickback under subdivision (b)(1)(A) of this section may also be recovered from the subcontractor making the kickback.
(A) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order under a subcontract, it shall be conclusively presumed that the amount of the kickback was included in the price of the subcontract or order and ultimately borne by the state and is recoverable under this chapter from the recipient.
(B) In addition, the amount of the kickback under subdivision (b)(1)(A) of this section may also be recovered from the subcontractor making the kickback.
(2) Recovery from one (1) offending party under this section does not preclude recovery from other offending parties.