20-103.
Article XX. Recovery of Fraudulently Obtained Public Funds · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/20-103
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.)