CODE OF VIRGINIA

AWARD TO PRIVATE PLAINTIFF (§ 8.01-216.7)

A. Except as hereinafter provided, if the Commonwealth proceeds with an action
brought by a person under § 8.01-216.5, such person shall receive at least
fifteen percent but not more than twenty-five percent of the proceeds of the
action or settlement of the claim, depending upon the extent to which the person
substantially contributed to the prosecution of the action. Where the action is
one that the court finds to be based primarily on disclosures of specific
information, other than information provided by the person bringing the action,
relating to allegations or transactions in a criminal, civil, or administrative
hearing, in a legislative, administrative, or Auditor of Public Accounts’
report, hearing, audit, or investigation, or from the news media, the court may
award such sums as it considers appropriate, but in no case more than ten
percent of the proceeds, taking into account the significance of the information
and the role of the person bringing the action in advancing the case to
litigation. Any payment to a person under this section shall be made from the
proceeds of the award. Any such person shall also receive an amount for
reasonable expenses that the court finds to have been necessarily incurred, plus
reasonable attorneys’ fees and costs. All such expenses, fees, and costs
shall be awarded against the defendant.

B. If the Commonwealth does not proceed with an action, the person bringing the
action or settling the claim shall receive an amount that the court decides is
reasonable for collecting the civil penalty and damages. The amount shall be not
less than twenty-five percent and not more than thirty percent of the proceeds
of the award or settlement and shall be paid out of the proceeds. Such person
shall also receive an amount for reasonable expenses that the court finds to
have been necessarily incurred, plus reasonable attorneys’ fees and costs.
All such expenses, fees, and costs shall be awarded against the defendant.

C. Whether or not the Commonwealth proceeds with the action, if the court finds
that the action was brought by a person who planned and initiated the violation
of § 8.01-216.3 upon which the action was brought, or if the person bringing
the action is convicted of criminal conduct arising from his role in the
violation of § 8.01-216.3, that person shall be dismissed from the civil action
and shall not receive any share of the proceeds of the action. Such dismissal
shall not prejudice the right of the Commonwealth to continue the action.

D. If the Commonwealth does not proceed with the action and the person bringing
the action conducts the action, the court may award to the defendant its
reasonable attorneys’ fees and expenses if the defendant prevails in the
action and the court finds that the claim of the person bringing the action was
clearly frivolous, clearly vexatious, or brought primarily for purposes of
harassment.

HISTORY: 2002, c. 842.