96. Penalties for fraudulent practices. 1. Any person who knowingly makes a false statement or representation, conceals any material fact, or engages in any other fraudulent scheme or device for the purpose of obtaining, maintaining or renewing insurance in the state insurance fund at less than the proper rate for such insurance, whether for himself or herself or any other person or entity, or for the purpose of evading the requirements of section fifty of this chapter or for the purpose of obtaining any benefit or payment out of such fund, whether for himself or herself or any other person or entity, shall be guilty of a class E felony. If a violation of this subdivision is alleged and such act could also constitute a violation of the penal law or any other law, the prosecuting official may charge such person pursuant to the provisions of this section and charge such person in accordance with such other law or laws. In addition to any other remedy, the state insurance fund shall be entitled to restitution for any amount obtained or withheld as a result of a violation of this subdivision.
2. For violations of subdivision one of this section, the state insurance fund shall have a right of action to recover civil damages equal to three times the amount wrongfully obtained, or five thousand dollars, whichever is greater. The remedy provided in this section shall be in addition to any other remedy provided by law.
Last modified: February 3, 2019