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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.  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. 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.

July 22, 2019

Credit reporting company Equifax has agreed to pay up to $700 million to resolve claims related to its 2017 data breach in a global settlement with the FTC, the CFPB, and 50 U.S. states and territories.  The settlement will be entered as a stipulated judgment in civil action pending against Equifax, alleging that Equifax failed to take adequate steps to secure its network and consumer data, despite being warned of network vulnerabilities, resulting in a hack that exposed the private information of almost 150 million people.  The settlement provides that defendant will pay between $300 million and $425 million to compensate affected consumers, in addition to a $100 million penalty to the CFPB and $175 million to the states.  Equifax also agreed to take specified steps to improve information security, subject to review by an independent third party.  ; ; ; ;

July 11, 2019

Reckitt Benckiser Group plc, which marketed and sold the opioid addiction treatment drug Suboxone until 2014 through its then-subsidiary Indivior Inc., will pay a total of $1.4 billion in a global settlement resolving criminal, civil, and administrative claims.  In marketing Suboxone Film, Indivior allegedly made unsupported claims that the drug was less-divertable and less-abusable than other buprenorphine drugs, and steered patients to doctors known to have a history of over-prescribing Suboxone and other opioids.  In addition, Indivior was alleged to have discontinued its tablet Suboxone for pretextual reasons, claiming a concern for pediatric exposure when, in fact, the company was seeking to delay FDA approval of a generic form of tablet Suboxone.  In a non-prosecution agreement, RB Group will forfeit $647 million in proceeds it received from Indivior, will cooperate with ongoing investigations, and will not manufacture or market controlled substances in the U.S. for three years.  In resolution of civil claims with the U.S. and states, including six lawsuits filed by whistleblowers under the False Claims Act, RB Group will pay $700 million to resolve claims that the marketing of Suboxone caused false claims to be submitted to federal- and state-funded government healthcare programs.  Finally, RB Group has agreed to pay $50 million in a settlement with the Federal Trade Commission to resolve claims that it engaged in unfair competition in seeking to impede generic equivalents of Suboxone.  ; ; ; ; ;

July 10, 2019

Overstock.com has been ordered by a Delaware court to pay $7.3 million following a jury verdict against it on claims that the online retailer misrepresented its disposition of abandoned gift card balances to Delaware's revenue agency in order to avoid obligations under the Delaware escheat law, which requires that Delaware-chartered companies turn over unclaimed assets to the state.  The case was brought by whistleblower William Sean French, a former employee of a gift card company, under the Delaware False Claims and Reporting Act. (note: the trial court judgment was reversed by the Delaware Supreme Court in an issued June 24, 2020)

July 2, 2019

To settle a qui tam suit by a former employee, LexisNexis Risk Solutions and its affiliates have agreed to pay $5.8 million to resolve their liability under the Illinois, Massachusetts, New Jersey, New York, and Tennessee False Claims Acts.  LexisNexis had signed a contract with law enforcement agencies to access automobile crash reports that they then sold to individuals, insurance companies, and law firms for claims adjustment purposes.  According to the contract, LexisNexis would pay the agencies each time a report was sold; however, it allegedly paid the agencies for the first report only but not for each subsequent report.  ; ; ; Later Florida settlement

July 1, 2019

Hylan Asset Management, LLC, and its owners, Andrew Shaevel and Joe Purizhansky have been banned from the debt collection industry and ordered to pay $6.75 million.  According to the FTC and the New York Attorney General’s Office, Hylan and its owners knew the debt portfolios they bought and sold contained fake debts, but continued to distribute these portfolios to collection agencies.  ;

May 28, 2019

California Attorney General, Xavier Becerra, recovers $1,498,574 in a lawsuit against telemarketing company, Consumer Rights Legal Services (CRLS), and four individuals. President and owner of CRLS, James Davitt, and three others, scammed more than 150 victims by offering phony “investment recovery services” that they said would recover the money that the victims had lost from prior investments. The victims, many of them elderly, had to pay an up-front fee for the fraudulent service.

May 23, 2019

Sixteen states have reached a settlement with the Medical Informatics Engineering and NoMoreClipboard, LLC, which have agreed to pay $900,000 to resolve allegations that the companies violated the Health Insurance Portability and Accountability Act (HIPAA), unfair and deceptive practice laws, notice of data breach statutes, and state personal information protection laws. The companies provide patient portals to healthcare providers, enabling patients to access their health records. Hackers allegedly infiltrated the companies' servers in May 2015, stealing the information of more than 3.9 million individuals. A consent judgment with specific compliance agreements was also entered by the court.  ;

May 8, 2019

Cosmetics retailer Sephora USA Inc. paid $159,349 to the State of Indiana to resolve claims brought by a whistleblower under the Indiana False Claims Act alleging that Sephora made false statements in connection with failing to collect sales tax on internet sales shipped to Indiana consumers. 

May 2, 2019

Chimes Delaware, which provides services to individuals with developmental disabilities in Delaware, will return $4.5 million in Medicaid funding to the state to resolve claims of billing errors in its supported employment programs and transportation services.  Chimes also agreed to institute new internal controls and billing procedures. 

April 30, 2019

Home healthcare company Avenue Homecare Services, Inc, of Dracut, Massachusetts, will pay $8.3 million to resolve allegations that between 2013 and 2016 it defrauded the state's Medicaid program, MassHealth, by submitting false bills for unauthorized services not supported by a valid plan of care from a physician.  In some cases, Avenue submitted bills for home healthcare services for patients who were hospitalized at the time of the alleged services.  The settlement also requires the company to implement a compliance program to continue as a MassHealth provider. 
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