§ 8.01-216.2.Definitions.
Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2011 · Last verified July 16, 2026
Full Text of § 8.01-216.2
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.