Chapter 12

Section 3E. Upon the filing with the attorney general of a written request by an officer or employee of any agency within the executive office of health and human services or the department of education, that the attorney general defend him in any action alleging an intentional o…

Section 4. He shall enforce the collection of such money due on the bonds, notes and securities listed in the accounts transmitted to him under section nine of chapter ten, and the performance of such conditions therein referred to as, with due regard to the situation of the debt…

Section 4A. The department may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but not limited to the United States of America or its agencies, for the purpose of assisting the department in the disc…

Section 5. All civil actions to recover money for the commonwealth may be brought in the name of the commonwealth by the attorney general or by a district attorney.

Section 5A. As used in sections 5A to 5O, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Claim'', a request or demand, whether pursuant to a contract or otherwise, for money or property, whether or not the comm…

Section 5B. (a) Any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) conspires to com…

Section 5C. (1) The attorney general shall investigate violations under sections 5B to 5O, inclusive, involving state funds or funds from any political subdivision. If the attorney general finds that a person has violated or is violating said sections 5B to 5O, inclusive, the att…

Section 5D. (1) If the attorney general proceeds with the action, he shall have primary responsibility for prosecuting the action, and shall not be bound by any act of the relator. The relator shall have the right to continue as a party to the action, subject to the limitations i…

Section 5E. Notwithstanding the provisions of section 5C, the attorney general may elect to pursue its claim through any alternate remedy available to the attorney general, including any administrative proceeding, to determine a civil penalty. If any such alternate remedy is purs…

Section 5F. (1) If the attorney general proceeds with an action brought by a relator pursuant to section 5C, the relator shall receive at least 15 per cent but not more than 25 per cent of the proceeds recovered and collected in the action or in settlement of the claim depending …

Section 5G. (a) No court shall have jurisdiction over an action brought pursuant to section 5C against the governor, the lieutenant governor, the attorney general, the treasurer, the secretary of state, the auditor, a member of the general court, the inspector general or a member…

Section 5H. (1) All money recovered by the commonwealth, as a result of actions brought by the attorney general or a person pursuant to sections 5B to 5O, inclusive, other than costs and attorney's fees awarded pursuant to paragraph (2), shall be credited by the state treasurer t…

Section 5I. (1) If the attorney general initiates an action or assumes control of an action brought by a person pursuant to sections 5B to 5O, inclusive, the attorney general shall be awarded his reasonable attorney's fees and expenses incurred in the litigation, including costs,…

Section 5J. (1) No employer shall make, adopt or enforce any rule, regulation or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting to further efforts to stop 1 or more violations of sections 5B …

Section 5K. (1) A civil action pursuant to sections 5B to 5O, inclusive, for a violation of section 5B may not be brought (i) more than six years after the date on which the violation occurred; or (ii) more than three years after the date when facts material to the right of actio…

Section 5L. In any action brought pursuant to sections 5B to 5O, inclusive, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

Section 5M. The attorney general may promulgate any rules, regulations or guidelines that, in the attorney general's judgment, are necessary and appropriate to the effective administration of this chapter.

Section 5N. (1) Notwithstanding any general or special law, procedural rule or regulation to the contrary, whenever the attorney general or a designee has reason to believe that a person may be in possession, custody or control of documentary material or information relevant to a…

Section 5O. Nothing in sections 5B to 5M, inclusive, shall be construed to relieve an agency of its reporting requirements regarding matters within that agency under chapter 647 of the acts of 1989.

Section 6. He shall consult with and advise district attorneys in matters relating to their duties; and, if in his judgment the public interest so requires, he shall assist them by attending the grand jury in the examination of a case in which the accused is charged with a capita…

Section 6A. He may from time to time, and as often as occasion may require, call into conference the district attorneys, the sheriffs of the several counties and the chiefs of police of the several cities and towns, or such of them as he may deem advisable, for the purpose of dis…

Section 7. He may, if in his judgment the public interest so requires, prosecute informations or other processes against persons who intrude on the land, rights or property of the commonwealth, or commit or erect a nuisance thereon.

Section 8. The attorney general shall enforce the due application of funds given or appropriated to public charities within the commonwealth and prevent breaches of trust in the administration thereof.

Section 8A. As used in this section and in sections eight B to eight M, inclusive, the following words and phrases shall, unless a different meaning is plainly required by the context, have the following meanings:— ''Director'', the director of public charities appointed pursuant…

Section 8B. There shall be in the department of the attorney general a division of public charities which shall, under the direction and control of the attorney general, perform the duties imposed upon him by the provisions of section eight to eight M, inclusive.

Section 8C. The executive and administrative head of the division shall be an assistant attorney general designated by the attorney general to act as the director of public charities.

Section 8D. The director may appoint and remove, subject to the approval of the attorney general, such accounting, investment, clerical and other experts and assistants as the work of the division may require.

Section 8E. (a) A public charity established, organized or chartered under the laws of the commonwealth or under the laws of any other state shall, before engaging in charitable work or raising funds in the commonwealth, register with the division by filing a copy of its charter,…

Section 8F. The trustee or trustees or the governing board of every public charity shall annually, at a time to be determined by the director, file with the division a written report for its last preceding fiscal year. Such report shall be filed on forms prescribed by the directo…

Section 8G. The attorney general shall be made a party to all judicial proceedings in which he may be interested in the performance of his duties under the provisions of sections eight to eight M, inclusive, and service upon or notice to the director in any such proceeding shall …

Section 8H. (1) The attorney general, whenever he believes that charitable funds have not been or are not being applied to charitable purposes or that breaches of trust have been or are being committed in the administration of a public charity, may conduct an investigation upon a…

Section 8I. A person upon whom a notice is served pursuant to the provisions of section eight H shall comply with the terms thereof unless otherwise provided by the order of a court of the commonwealth. Any person who fails to appear, or with intent to avoid, evade, or prevent co…

Section 8J. The director shall from time to time formulate such reasonable rules and regulations as may be necessary to carry out the provisions of sections eight to eight M, inclusive, and such rules and regulations shall thereafter govern all such matters.

Section 8K. A gift made for a public charitable purpose shall be deemed to have been made with a general intention to devote the property to public charitable purposes, unless otherwise provided in a written instrument of gift.

Section 8L. Every public charity required to file written annual reports with the division pursuant to section eight F shall, in accordance with rules and regulations prescribed by the division, keep true fiscal records as to its activities within the commonwealth in such form as…

Section 8M. Except as otherwise provided in this chapter, all registration statements, annual reports and all other information required to be filed under sections eight to eight M, inclusive, or by the division, shall be public records in the office of the division and shall be …

Section 8N. All fees, attorneys fees, costs, civil penalties and other monies received by the commonwealth pursuant to sections eight through eight M or sections eighteen through thirty-five of chapter sixty-eight shall be credited by the state treasurer to the General Fund.

Section 9. He shall, when required by either branch of the general court, attend during its sessions and give his aid and advice in the arrangement and preparation of legislative documents and business, and shall give his opinion upon questions of law submitted to him by the gove…