The Attorney General shall investigate any violation of § 8.01-216.3. If the Attorney General finds that a person has violated or is violating § 8.01-216.3, the Attorney General may bring a civil action under this section.
§ 8.01-216.4.Attorney General; investigation, civil action.
Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2002 · Last verified July 16, 2026
In one sentenceSection 8.01-216.4 directs the Attorney General to investigate any suspected violation of § 8.01-216.3 and, upon finding a violation, authorizes but does not require the Attorney General to bring a civil action to recover the penalties and damages the Act allows.
Full Text of § 8.01-216.4
Plain-English Summary
Section 8.01-216.4 assigns investigative and enforcement authority under the Virginia Fraud Against Taxpayers Act to the Attorney General. The duty to investigate is mandatory: whenever a possible violation of § 8.01-216.3 comes to light, the Attorney General is to look into it.
What happens after the investigation is a matter of discretion. If the Attorney General concludes that a person has violated or is violating § 8.01-216.3, the Attorney General may bring a civil action — the statute uses “may,” not “shall,” leaving the decision to sue to the Attorney General’s judgment even after a violation is confirmed. This is the government-led enforcement track; § 8.01-216.5 separately lets a private person sue on the Commonwealth’s behalf, with the Commonwealth able to take over the case or let the private plaintiff proceed alone.
Frequently Asked Questions
Who investigates suspected false claims against the Commonwealth?
The Attorney General. Section 8.01-216.4 directs the Attorney General to investigate any suspected violation of § 8.01-216.3.
Is the Attorney General required to investigate every suspected violation?
Yes, the investigation itself is mandatory under the statute’s wording. Whether to follow an investigation with a lawsuit is a separate, discretionary decision.
Must the Attorney General sue once a violation is confirmed?
No. The statute says the Attorney General “may” bring a civil action after finding a violation, which leaves the choice to sue to the Attorney General’s discretion.
How does an Attorney General action differ from a private whistleblower suit?
Section 8.01-216.4 covers government-initiated enforcement. Section 8.01-216.5 lets a private person file suit on the Commonwealth’s behalf as well, after which the Commonwealth can elect to take over the case or leave it to the private plaintiff.
What deadline applies to an action the Attorney General brings under this section?
Section 8.01-216.9 sets the limitations period — generally six years from the violation, or three years from when a responsible Commonwealth official knew or should have known the relevant facts, whichever is later, capped at ten years after the violation.
Amendment History
2002, c. 842.
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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