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State Enforcement Actions

					
Each state enforces its laws and defends its interests, and states often work with the federal government in investigating and prosecuting corporate frauds. 听Whistleblowers with knowledge of fraud or wrongful conduct that involves state or local funds or programs may be able to bring a claim under a state or local False Claims Act, and may be eligible to receive a monetary reward and protection against retaliation.


Below are summaries of recent settlements, successful prosecutions, and enforcement actions by states.听If you believe you have information about fraud which could give rise to a claim under a State or Local False Claims Act or other whistleblower reward provision, please contact us to speak with one of our experienced whistleblower attorneys.

				

			

			
						
					
			

	
		
		

			

				
				
September 24, 2020

				 Transvaginal surgical mesh device manufacturer C.R. Bard, Inc. and its parent company, Becton, Dickinson and Company, have agreed to pay $60 million to 48 states and the District of Columbia to resolve allegations of deceptively marketing the devices. 听The company鈥檚 surgical mesh鈥攚hich are permanently implanted to hold up falling organs, and which are extremely difficult or impossible to remove鈥攈ad life-altering side effects that they failed to disclose, including chronic pain, recurring infections, and shrinking tissue.听 Although the devices were taken off the market in 2016, under the terms of the settlement, C.R. Bard and Becton, Dickinson and Company are required to adhere to certain injunctive terms if they choose to reenter the market.听 The funds received as part of this settlement will be added to a larger restitution fund that was established after settlement of a similar case with Johnson & Johnson in 2019.听 ; ; 				 					 

						
Tagged in:
													  Defective Products, 
													  Medical Devices and DME, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 17, 2020

				 LexisNexis Coplogic Solutions Inc. agreed to pay $10 million to Florida, which intervened in an action brought by whistleblower Christopher Hood under the Florida False Claims Act alleging that the company was underpaying the state.听 LexisNexis contracted with the state to provide motor vehicle crash reports to the public for a small fee; a portion of the fee collected by LexisNexis, $10 per report, was to be paid by the company to the state Department of Highway Safety and Motor Vehicles.听 However, the whistleblower and state alleged that LexisNexis systematically understated the number of reports it sold, thereby underpaying the state.听 The relator, a former employee of LexisNexis, will receive a whistleblower award of $1.8 million.听 .听 Earlier settlements				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  Falsifying Invoices, 
													  FCA State, 
													  Government Procurement Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 15, 2020

				 ITT Technical Institute settled claims with the CFPB and 48 states and the District of Columbia, agreeing to discharge outstanding student loans incurred for attendance at the for-profit college, run by holding company PEAKS.听 PEAKS allegedly knew or was reckless in not knowing that many student borrowers did not understand the terms and conditions of those loans, could not afford them, or in some cases did not even know they had them. The settlement, valued at $330 million, also requires PEAKS to provide credit reporting agencies information to correct credit scores negatively affected by the illegal lending scheme, and to shut down after carrying out the settlement.听 ; ; ; ; ; ; 				 					 

						
Tagged in:
													  Education Fraud, 
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 14, 2020

				 German automaker Daimler AG and its U.S. subsidiary Mercedes-Benz USA, LLC will pay $1.06 billion and undertake a recall valued at $436 million to resolve claims that they violated the Clean Air Act and California law in allegedly manufacturing and selling diesel automobiles between 2009 and 2016 that had undisclosed auxiliary emission control devices and defeat devices.听 These devices caused the vehicles to appear to pass emissions requirements during testing despite the fact that during ordinary usage the vehicles produced NOx emissions above compliant levels.听 The recall and repair program requires defendants to bring the vehicles into compliance with applicable emissions standards by removing all defeat devices from the affected vehicles, replacing hardware, and updating software.听 The total monetary settlement consists of $875 million in civil penalties, $70.3 million in other penalties, and $110 million to fund mitigation projects in California.听 Defendants also agreed to implement corporate compliance reforms.听 ; 				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 25, 2020

				 American Honda Motor Co., and Honda of America Mfg., Inc. (Honda)听has reached a settlement with the Attorney Generals of 48 states and agreed to pay听$85.1 million听to resolve allegations of failing to disclose certain airbag safety failures to regulators and 颅颅颅customers of Honda and Acura vehicles sold in the United States.听 According to the complaint, Honda engineers were aware that the propellant used in Takata-manufactured airbags鈥攗sed in Honda and Acura vehicles since 2001鈥�could burn aggressively, cause the inflator to burst, and ultimately harm drivers and passengers, yet continued to represent that its cars were safe even as it began recalling affected vehicles in 2008.听 Although the company eventually recalled approximately 12.9 million vehicles, the recalls came too late and the failures resulted in at least 14 deaths and over 200 injuries nationwide.听听;听;听;听				 					 

						
Tagged in:
													  Auto Safety, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 11, 2020

				 The former owner of Texas-based All Smiles Dental Center has been ordered to pay $16.5 million to the State of Texas for improperly billing Texas Medicaid for tens of millions of dollars in services that he did not deliver, including services allegedly performed while he was vacationing abroad.听 In total, Dr. Richard Malouf was found to have committed 1,842 unlawful acts under the Texas Medicaid Fraud Prevention Act.听 				 					 

						
Tagged in:
													  FCA State, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 30, 2020

				 Computer Sciences Corporation (CSC), now known as DXC Technology, and New York City have agreed to pay approximately $2.8 million to resolve allegations of violating the federal and New York State False Claims Acts in connection with New York City鈥檚 Early Intervention Program (EIP), which provides speech and physical therapy services for infants and toddlers with possible developmental disabilities.听 According to a qui tam lawsuit, while retained by the City to process and submit its EIP claims to various insurers, CSC allegedly received permission from the City to categorize claims submitted to private insurers as 鈥渄enied鈥� if no response was received within 90 days.听 CSC then resubmitted those claims to Medicaid using an improper code, causing Medicaid to make payments it would not have otherwise.听 For revealing the misconduct, the unnamed whistleblower in this case will receive $416,250.听 ; 				 					 

						
Tagged in:
													  FCA Federal, 
													  FCA State, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 28, 2020

				 A pharmaceutical company accused of paying illegal inducements to physicians has agreed to pay $3.5 million to resolve allegations of violating the False Claims Act.听 In order to induce physicians to prescribe its newly-launched local analgesic, EXPAREL, Pacira Pharmaceuticals Inc. allegedly paid doctors kickbacks that were half-heartedly disguised as grant money for research.听 In order to receive the so-called research grant, Pacira required EXPAREL to be placed on formulary at the physician鈥檚 institution, but did not document why such research was needed or follow up on research results.听 The fraud was eventually exposed by a pharmacist in a qui tam suit; the pharmacist will receive $638,000 as part of the settlement. 听; 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Pharma Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 22, 2020

				 Tony Garrett Taylor has been sentenced to 8 years in prison and ordered to pay over $6 million to the North Carolina Medicaid program and over $1 million to the IRS after pleading guilty to committing healthcare fraud and tax evasion.听 Along with his brother, Jerry Lewis Taylor, the defendant conspired to use outpatient behavioral health services companies owned and operated by the brothers to submit false claims to Medicaid for services that were either never provided or misrepresented.听 Jerry Lewis Taylor has also pleaded guilty and is currently awaiting sentencing. 听				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  FCA State, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 21, 2020

				 The Montachusett Regional Transit Authority (MART), a quasi-public transportation authority that brokers medical transportation, will pay $300,000 to resolve allegations that it improperly caused false claims to be submitted to MassHealth, the Massachusetts state Medicaid program. MART allegedly did not have appropriate procedures in place to verify that its transportation subcontractors had actually provided rides as they claimed, and MART billed MassHealth for thousands of rides that were not, in fact, provided. ; 				 					 

						
Tagged in:
													  Ambulance, 
													  FCA State, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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