False claims action procedures - limitation on action - standard of proof

(1) A civil action pursuant to section 24-31-1204 may not be brought after the later of: (a) More than six years after the date on which the violation of section 24-31-1203 is committed or the date on which the last in a series of such acts or practices occurred, whichever is later; or (b) More than three years after the date on which facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation of section 24-31-1203 was committed. (2) (a) If the state elects to intervene and proceed with an action brought pursuant to section 24-31-1204, the state may file its own complaint or amend the original complaint to: (I) Clarify and add detail, and add additional defendants, to the claims in which the state is intervening; and (II) Add any additional claims and defendants with respect to which the state contends it is entitled to relief. (b) For statute of limitations purposes, any pleadings by the state relate back to the filing date of the original complaint filed by a person pursuant to section 24-31-1204 (3), to the extent that the state's claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint. (3) In an action brought pursuant to section 24-31-1204, the state or person who brought the action pursuant to section 24-31-1204 (3) must prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (4) Notwithstanding any other provision of law, the Colorado rules of criminal procedure, or the Colorado rules of evidence, a final judgment rendered in favor of the state in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to section 24-31-1204.