§ 96. Penalties for fraudulent practices. 1. Any person who knowingly
makes a false statement or representation, conceals any material fact,
or engages in any other fraudulent scheme or device for the purpose of
obtaining, maintaining or renewing insurance in the state insurance fund
at less than the proper rate for such insurance, whether for himself or
herself or any other person or entity, or for the purpose of evading the
requirements of section fifty of this chapter or for the purpose of
obtaining any benefit or payment out of such fund, whether for himself
or herself or any other person or entity, shall be guilty of a class E
felony. If a violation of this subdivision is alleged and such act could
also constitute a violation of the penal law or any other law, the
prosecuting official may charge such person pursuant to the provisions
of this section and charge such person in accordance with such other law
or laws. In addition to any other remedy, the state insurance fund shall
be entitled to restitution for any amount obtained or withheld as a
result of a violation of this subdivision.

2. For violations of subdivision one of this section, the state
insurance fund shall have a right of action to recover civil damages
equal to three times the amount wrongfully obtained, or five thousand
dollars, whichever is greater. The remedy provided in this section shall
be in addition to any other remedy provided by law.