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§ 8.01-216.2.Definitions.

Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2011 · Last verified July 16, 2026

In one sentenceSection 8.01-216.2 defines the terms used throughout the Virginia Fraud Against Taxpayers Act, including Attorney General, claim, Commonwealth, employee, employer, investigation, material, obligation, official use, person, and product of discovery.

Full Text of § 8.01-216.2

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As used in this article, unless the context requires otherwise:
"Attorney General" means the Attorney General of Virginia, the Chief Deputy, other deputies, counsels or assistant attorneys general employed by the Office of the Attorney General and designated by the Attorney General to act pursuant to this article.
"Claim" means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the Commonwealth has title to the money or property, that (i) is presented to an officer, employee, or agent of the Commonwealth or (ii) is made to a contractor, grantee, or other recipient (a) if the money or property is to be spent or used on the Commonwealth's behalf or to advance a governmental program or interest and (b) if the Commonwealth provides or has provided any portion of the money or property requested or demanded or will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. For purposes of this article, "claim" does not include requests or demands for money or property that the Commonwealth has paid to an individual as compensation for employment with the Commonwealth or as income subsidy with no restriction on that individual's use of the money or property.
"Commonwealth" means the Commonwealth of Virginia, any agency of state government, and any political subdivision of the Commonwealth.
"Documentary material" means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery.
"Employee" includes an employee or officer of the Commonwealth.
"Employer" includes the Commonwealth.
"Investigation" means any inquiry conducted by an investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this article.
"Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
"Obligation" means an established duty, whether or not fixed, arising from (i) an express or implied contractual, grantor-grantee, or licensor-licensee relationship; (ii) a fee-based or similar relationship; (iii) a statute or regulation; or (iv) the retention of any overpayment.
"Official use" means any use that is consistent with the law, regulations, and policies of the Commonwealth, including use in connection with (i) internal memoranda and reports of the Office of the Attorney General; (ii) communications between the Office of the Attorney General and a federal, state, or local government agency, or a contractor of a federal, state, or local government agency, undertaken in furtherance of an Office of the Attorney General investigation or prosecution of a case; (iii) interviews of any qui tam relator or other witness; (iv) oral examinations; (v) depositions; (vi) the preparation for and response to civil discovery requests; (vii) the introduction into the record of a case or proceeding; (viii) applications, motions, memoranda, and briefs submitted to a court or other tribunal; and (ix) communications with government investigators, auditors, consultants, experts, the counsel of other parties, arbitrators, and mediators, concerning an investigation, case, or proceeding.
"Person" includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business or trust.
"Product of discovery" means (i) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (ii) any digest, analysis, selection, compilation, or derivation of any item listed in clause (i); and (iii) any index or other manner of access to any item listed in clause (i).

Plain-English Summary

Section 8.01-216.2 supplies the vocabulary the rest of Article 19.1 relies on. Several definitions fix who the Act reaches: “Attorney General” covers not just the Attorney General personally but the Chief Deputy and any deputy, counsel, or assistant designated to act under the article; “Commonwealth” includes the Commonwealth itself, any state agency, and any political subdivision; and “person” sweeps in individuals, corporations, partnerships, limited liability companies, associations, and trusts. “Employee” and “employer” each expressly include the Commonwealth and its officers and employees.

Other definitions shape what counts as actionable conduct. A “claim” reaches any request or demand for money or property presented to a Commonwealth officer or employee, or made to a contractor or grantee spending or reimbursed with Commonwealth funds — but it excludes money the Commonwealth pays an individual as employment compensation or an unrestricted income subsidy. “Material” means having a natural tendency to influence a payment or receipt of money or property, and “obligation” reaches duties arising from contracts, licenses, statutes or regulations, or the retention of an overpayment.

A third group of definitions governs how the Attorney General investigates and uses evidence. “Documentary material” covers books, records, and electronically stored data compilations, along with any product of discovery. “Investigation” means an inquiry into whether a person has violated the article. “Product of discovery” reaches material obtained through discovery in an adversarial judicial or administrative proceeding, plus any analysis or index built from it. “Official use” lists the specific purposes — internal memoranda, interviews, depositions, court filings, and communications with investigators and other parties — for which the Attorney General’s office may use gathered information.

Frequently Asked Questions

What counts as a “claim” under the Virginia Fraud Against Taxpayers Act?

A claim is any request or demand for money or property presented to a Commonwealth officer or employee, or made to a contractor or grantee where the Commonwealth funds or reimburses part of the money or property involved. It does not include compensation the Commonwealth pays an individual for employment or as an unrestricted income subsidy.

Who counts as the “Attorney General” for purposes of this article?

The definition reaches the Attorney General personally along with the Chief Deputy and any other deputy, counsel, or assistant attorney general in the Office of the Attorney General whom the Attorney General designates to act under the article.

Does “Commonwealth” in this article include cities and counties?

Yes. Section 8.01-216.2 defines “Commonwealth” to include the Commonwealth of Virginia, any state agency, and any political subdivision of the Commonwealth, which covers local governments.

What does “official use” limit?

It defines the specific purposes for which the Attorney General’s office may use information gathered under the article, including internal memoranda, witness interviews, depositions, discovery, and filings with a court or tribunal.

Why does the Act separately define “product of discovery”?

Because material obtained through discovery in another proceeding gets special handling under the civil investigative demand sections that follow, including required notice to the person who originally produced it and added protection against disclosure.

Amendment History

2002, c. 842; 2011, cc. 651, 676.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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