Section 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.