S.7169-B Summary: New York Fraud, Enforcement and Recovery Act

• Expands the definition of "claim" to include requests for money or property made to contractors or grantees when state or local government provides funding, advances a government program, or will reimburse the recipient.

• Broadens civil liability for fraud violations to include filing false claims, creating false records or statements material to fraud, conspiracy, improper property delivery, and concealing obligations owed to government; establishes penalties of $6,000-$12,000 plus three times actual damages.

• Strengthens whistleblower qui tam provisions by allowing private citizens to sue on behalf of the state or local government, with rewards ranging from 15-33% of recovered proceeds depending on government involvement, and protects plaintiff communications from discovery.

• Enhances anti-retaliation protections for employees, contractors, and agents who report violations or assist investigations, including remedies such as reinstatement, back pay, and attorney fees, and protects lawful disclosure of documents even if it violates employment contracts.

• Extends statute of limitations to ten years from violation date and allows qui tam plaintiffs to plead violations without identifying specific claims if alleged facts suggest misconduct likely occurred and provide adequate notice to defendants.