Any person who corruptly practices, or attempts to practice, any fraud against the state in the proof, statement, establishment, or allowance of any claim or cause of action or any part thereof, in the matter out of which the same arose, shall ipso facto forfeit the same to the state; and it shall be the duty of the court in such case to find specifically that fraud was practiced, or attempted to be practiced, and to render judgment of forfeiture, and that the claimant be forever barred from prosecuting the same against the state, and for costs.
§ 25-21,209.Claims against state; fraud in statement or proof; penalty.
Article 21: Special Proceedings and Actions · Last amended 1877 · Last verified July 22, 2026
In one sentenceThis section forfeits a claim to the state and permanently bars the claimant from pursuing it, plus costs, whenever a court specifically finds that someone corruptly practiced or attempted fraud in proving, stating, establishing, or allowing that claim against the state.
Full Text of § 25-21,209
Source
Laws 1877, § 9, p. 21; R.S.1913, § 1185; C.S.1922, § 1108; C.S.1929, § 27-327; R.S.1943, § 24-327; R.S.1943, (1985), § 24-327.
Plain-English Summary
Section 25-21,209 punishes fraud aimed at the state’s claims process with the harshest available consequence: loss of the claim itself. Anyone who corruptly practices, or attempts to practice, fraud against the state in the proof, statement, establishment, or allowance of a claim — or any part of it — forfeits that claim to the state as a matter of law.
The court does not treat that forfeiture as a formality. It must specifically find that fraud was practiced or attempted, then render a judgment of forfeiture and bar the claimant forever from prosecuting the claim against the state, along with an award of costs against the claimant. The specific-finding requirement means a court cannot impose this penalty on a general suspicion of wrongdoing; it has to make an express finding of fraud.
Frequently Asked Questions
What happens if someone commits fraud while proving a claim against the state?
The claim is forfeited to the state, and the claimant is forever barred from prosecuting it, along with an award of costs against the claimant.
Does the court need to make a specific finding of fraud before forfeiting the claim?
Yes. The court must find specifically that fraud was practiced or attempted before rendering judgment of forfeiture.
Does this section cover an attempt at fraud, or only completed fraud?
Both. It reaches anyone who corruptly practices, or attempts to practice, fraud against the state.
Can only part of a claim be forfeited under this section?
The section refers to fraud in the claim or any part of it, tying forfeiture to the fraud found in the matter out of which the claim arose.
What else besides losing the claim does a claimant risk under this section?
Costs. The court renders judgment of forfeiture and orders the claimant to pay costs in addition to barring the claim.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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