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20-103.

Article XX. Recovery of Fraudulently Obtained Public Funds · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceMakes anyone who knowingly obtains public compensation or benefits they aren't entitled to, through fraud or concealment, liable for full repayment plus interest and either treble damages or a per-instance civil penalty, backed by a judgment lien.

Full Text of 735 ILCS 5/20-103

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Any person who by means of a false record, statement or representation, or by willful concealment of any material fact, or by other fraudulent scheme or device on behalf of himself, his dependents or others, knowingly obtains from the State or local governmental unit compensation, benefits or remuneration to which he is not entitled, or in a greater amount than that to which he is entitled, shall be liable for full repayment of such compensation, benefits or remuneration received to which the person was not entitled. In addition to any other penalties provided by law, the court shall impose civil penalties consisting of interest on the amount of the compensation, benefits or remuneration received to which the person was not entitled at the maximum legal rate for interest on judgments in effect on the date the payment was made to such person for the period beginning on the date upon which payment was made to the date upon which repayment is made; and may impose either of the following penalties: (1) an amount not to exceed 3 times the amount of such compensation, benefits or remuneration to which the person was not entitled; or (2) an amount not to exceed $2,000 for each instance that the person used any fraudulent scheme or device to obtain compensation, benefits or remuneration to which he is not entitled, whichever penalty the court deems more appropriate. Except as provided by Section 20-105, upon entry of a judgment for repayment of such compensation, benefits or remuneration, or for any civil penalties assessed by the court, a lien shall attach to all property and assets of such person until the judgment is satisfied, subject to the exemptions otherwise applying to the real and personal property of judgement debtors.

Plain-English Summary

This section covers fraud aimed at obtaining benefits a person was never entitled to, or more than they were entitled to — whether for the wrongdoer's own benefit, for dependents, or for others. The means include a false record, statement, or representation, willful concealment of a material fact, or another fraudulent scheme or device. Anyone who knowingly obtains compensation, benefits, or remuneration that way owes full repayment of what they weren't entitled to receive.

Beyond repayment, Section 20-103 layers on civil penalties. The court must impose interest on the wrongly received amount, running at the maximum legal judgment rate from the date payment was made until the date repayment occurs. The court may also impose one of two additional penalties, whichever it deems more appropriate: up to three times the amount wrongly received, or up to $2,000 for each instance the person used a fraudulent scheme or device to obtain the ineligible funds.

Once judgment is entered for repayment or civil penalties, a lien attaches to all the person's property and assets until the judgment is satisfied — subject to the exemptions that ordinarily protect a judgment debtor's real and personal property, and subject to Section 20-105's protection for certain prior interests in the property.

Frequently Asked Questions

What conduct triggers liability under Section 20-103?

Knowingly obtaining public compensation, benefits, or remuneration a person isn't entitled to, or more than they're entitled to, through a false record or representation, willful concealment of a material fact, or another fraudulent scheme or device.

Does interest apply to amounts recovered under this section?

Yes. The court must impose interest at the maximum legal judgment rate, running from the date of payment to the date of repayment.

What additional civil penalties can a court impose under Section 20-103?

Either an amount up to 3 times the compensation, benefits, or remuneration wrongly received, or up to $2,000 for each instance of using a fraudulent scheme or device, whichever the court deems more appropriate.

Does a judgment under this section create a lien on the wrongdoer's property?

Yes, a lien attaches to all their property and assets until the judgment is satisfied, subject to the ordinary judgment-debtor exemptions and to Section 20-105.

Can this section reach fraud committed to benefit someone other than the wrongdoer?

Yes. It applies whether the fraudulent scheme was carried out on behalf of the person themselves, their dependents, or others.

Amendment History

(Source: P.A. 84-1462.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
Also known as: illinois public benefits fraud penaltiestreble damages public funds fraud illinoisjudgment lien fraudulent benefits illinois