Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS
Section 5-51-36 - False claims and misrepresentations

Universal Citation: HI Admin Rules 5-51-36

Current through August, 2024

(a) Petitions and claims filed pursuant to this section shall not contain false claims or misrepresentations. Any petition or claim found to contain any false claim or misrepresentation that was knowingly made by the petitioner or claimant shall be dismissed with prejudice.

(b) If the attorney general finds that the false claim or misrepresentation has not been made knowingly, or the misrepresentation of facts is not material to its consideration of the petition, the attorney general may elect not to dismiss the petition and instead reduce the petitioner's interest in the subject property in an amount proportionate to the culpability of the petitioner in making the false claim or misrepresentation.

(c) The attorney general shall consider the following factors in determining any reduction in interest in the subject property:

(1) The overall effect of any false claim or misrepresentation on the merits of the petition;

(2) The likelihood that the false claim or misrepresentation was made knowingly; and

(3) The degree to which the petitioner reasonably should have known that the claim or misrepresentation was false.

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