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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.

				

			

			
						
					
			

	
		
		

			

				
				
January 15, 2019

				 New York has reached a $9 million settlement with Diamond Braces, a chain of dental offices, and its principal Oleg Drut, DDS, for false claims Diamond made to NY's Medicaid program for orthodontic procedures that were performed by personnel who were not certified to perform the work they did as required by NY state law.听 				 					 

						
Tagged in:
													  Improper Medical Personnel, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 14, 2019

				 FedEx will pay $35.3 million to the State of New York to resolve lawsuits alleging that FedEx knew it was illegally shipping hundreds of thousands of untaxed cigarettes directly to New York residents on behalf of cigarette traffickers. FedEx also agreed to implement specific internal compliance procedures and make ongoing reports to the State.听 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 11, 2019

				 
听Teva Pharmaceuticals USA Inc. will pay $135 million to the state of Illinois to settle allegations that published fraudulently inflated Average Wholesale Prices (AWPs) for numerous prescription drugs.听 Illinois's Medicaid program bases its drug reimbursements for Medicaid beneficiaries on AWPs, and the inflated AWPs caused Illinois to overpay. 
				 					 

						
Tagged in:
													  Drug and DME Pricing, 
													  Medicaid, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 10, 2019

				 Fiat Chrysler has agreed to pay over $500 million in fines and mitigation costs to settle civil claims by the U.S. and numerous states that it violated environmental and consumer protection laws by installing software and equipment in 100,000 diesel automobiles in order to circumvent emissions testing requirements.听 The "defeat devices" caused Jeep Grand Cherokees and Ram 1500s to be within legal limits during emissions testing, but to exceed limits during ordinary operation.听 The company will also implement a recall program to repair the non-compliant vehicles. For the states, California will receive $78.4 million, and the remaining 49 states, D.C, Puerto Rico, and Guam, will receive payments totaling $72.5 million.听 ; ; 				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 3, 2019

				 For-profit education company Career Education Corporation has entered in to settlement agreements with attorneys general in 48 states plus the District of Columbia to forgive $494 million in outstanding student loan debt issued by CEC and held by nearly 175,000 former students, and to provide additional protections for students enrolling in CEC programs.听 CEC was alleged to have mislead prospective students regarding CEC enrollment, including the total cost of attendance, job placement rates, the transferrability of credits, and program offerings. See: ; ; ; ; 				 					 

						
Tagged in:
													  Education Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 2, 2019

				 Wells Fargo will pay a $10 million penalty to the California Department of Insurance to resolve allegations that Wells Fargo signed approximately 1,500 customers up for insurance without their consent.听 Wells Fargo also agreed to exit the personal insurance business.听 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 28, 2018

				 Wells Fargo reached a settlement valued at $575 million with the 50 states and District of Columbia to resolve state investigations into Wells Fargo's practice of opening accounts for customers without authorization.听 The settlement will be divided among the states.听 See, e.g., ; FL; ; ; ; .				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 40 states have entered in to a $68 million settlement with UBS for its fraudulent conduct in the manipulation of the London Interbank Offered Rate (LIBOR).听 The manipulation resulted in the government entities paying inflated prices for swaps and other financial instruments that were linked to LIBOR. Governmental entities with LIBOR-linked swaps and other LIBOR-linked financial instruments with UBS will be notified if they are eligible to receive a distribution from the settlement fund.听 See: ; ; FL AG; ; ; 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 Sprint Communications will pay $330 million to the State of New York to resolve claims that for nearly a decade Sprint knowingly failed to collect and remit more than $100 million in state and local sales taxes owed on flat-rate wireless calling plans sold by Spriint to New York customers.听 The investigation was initiated by a whistleblower lawsuit filed under the New York False Claims Act, which allows whistleblowers to bring claims based on a failure to pay taxes.听 The unnamed whistleblower will receive $62.7 million of the settlement.听 				 					 

						
Tagged in:
													  FCA State, 
													  Tax Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 The construction company of F.H. Paschen, S.N. Nielsen & Associates LLC will pay $2 million to settle allegations under the Illinois False Claims Act that it evaded requirements that it meet participation levels for certified small/minority/women-owned businesses on two contracts with the Metropolitan Water Reclamation District of Greater Chicago.听 FHP was alleged to have falsely represented that a minority-owned business, Vargas Mechanical, Inc., would perform the work, in order to secure the contracts.听 				 					 

						
Tagged in:
													  FCA State, 
													  Government Procurement Fraud, 
													  Set-Asides and Preferences, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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