26.1-02.1-05. Penalties - Restitution

26.1-02.1-05. Penalties - Restitution 1. a. A violation of section 26.1-02.1-02.1 is: (1) A class A felony if the value of any property or services retained exceeds fifty thousand dollars; (2) A class B felony if the value of the act associated with the fraud or directly related to the fraud exceeds fifty thousand dollars; (3) A class B felony if the value of any property or services retained exceeds ten thousand dollars but does not exceed fifty thousand dollars; (4) A class C felony if the value of the act associated with the fraud or directly related to the fraud exceeds ten thousand dollars but does not exceed fifty thousand dollars; (5) A class C felony if the value of any property or services retained exceeds one thousand dollars but does not exceed ten thousand dollars; and (6) A class A misdemeanor in all other cases. b. For purposes of this section, the value of any property and services must be determined in accordance with section 12.1-23-05. 2. If a practitioner is adjudicated guilty of a violation of section 26.1-02.1-02.1, the court shall notify the appropriate licensing authority of this state of the adjudication. The appropriate licensing authority shall hold an administrative hearing to consider the imposition of administrative sanctions as provided by law against the practitioner. 3. In addition to any other punishment, a person that violates section 26.1-02.1-02.1 must be ordered to make restitution to the insurer or to any other person for any financial loss sustained as a result of the violation of section 26.1-02.1-02.1. The court shall determine the extent and method of restitution. 4. A prosecution for any felony offense under chapter 26.1-02.1 must be commenced within three years after the date of discovery of the fraud. 5. A prosecution for any misdemeanor or infraction offense under chapter 26.1-02.1 must be commenced within two years after the date of discovery of the fraud.