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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. 聽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.聽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 27, 2018

				 Uber has reached a $148 million settlement in a multi-state investigation arising from a 2016 data breach, which exposed the drivers鈥� license data of 600,000 drivers and other personal data from as many as 57 million customers.聽 Uber learned of the breach when anonymous hackers demanded $100,000 to keep the breach confidential.聽 Uber paid the hackers, but failed to disclose the breach or notify affected parties until November 2017.聽 The $148 million settlement, the largest multi-state data breach settlement to date, will be divided among all 50 states and the District of Columbia. Uber also agreed to implement additional security and compliance procedures.聽 Among the AG announcements: , , FL, , , , , , , .				 					 

						
Tagged in:
													  Cybersecurity and Data Breaches, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 26, 2018

				 Two brokerage firms, UK-based TFS-ICAP LIMITED and New York-based TFS-ICAP LLC, pled guilty to securities fraud under New York's Martin Act for their roles in posting fake trades, bids, and offers by inter-dealer brokers for emerging market foreign exchange currency options.聽 The fake trades were intended to create a false appearance of liquidity in the emerging markets FX options market and encourage traders to buy and sell FX options via TFS-ICAP rather than other brokers.聽 In addition to the criminal pleas by the companies, a civil settlement requires them to implement remedial procedures, retain an independent monitor, pay $1.5 million, and cooperate in ongoing investigations.聽 .				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
													  Foreign Exchange, 
													  Market Manipulation and Trading Violations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 12, 2018

				 A New York based long-term care facility, Centers Plan for Healthy Living, has agreed to pay $1,650,000 to settle allegations that it violated the state and federal False Claims Acts in billing Medicaid for services not provided to Medicaid beneficiaries. The alleged fraud involved enrolling unqualified patients and failing to disenroll recently unqualified patients from a Medicaid-funded care program over the span of two and a half years. It was eventually exposed by an unnamed whistleblower. ; 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 11, 2018

				 Through a tip by Connecticut State Comptroller, Kevin Lembo, a Florida-based compounding pharmacy, Assured, Rx, along with multiple individuals鈥攎any of them former and current Connecticut state government employees鈥攈ave been sued by the State of Connecticut for alleged violations of the Connecticut False Claims Act. The pharmacy is accused of paying kickbacks to co-defendants Nicholas and Lisette Maulucci, who then paid other individuals to file reimbursement claims from a state employee health plan for expensive compound drugs manufactured by Assured, Rx. Through their actions, the Mauluccis allegedly received kickbacks totaling upward of $2.6 million, and cost the Connecticut Pharmacy Benefit Plan approximately $10.9 million. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Compounding Pharmacy Fraud, 
													  FCA State, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 16, 2018

				 A New Jersey contractor, Marjan Kasapinov of EMLO Corp, has been arrested for allegedly stealing more than $40,000 in unpaid wages and benefits from workers on a publicly-funded project to remove asbestos at LaGuardia Airport. In addition to withholding wages, Kasapinov allegedly submitted false paperwork to agencies regarding the amounts his employees were paid. He could be prohibited from working on public projects for five years, forced to pay back wages to his employees, and sentenced to up to 4 years in prison if convicted. 				 					 

						
Tagged in:
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 14, 2018

				 New Mexico is seeking lead plaintiff status for its Public Employees Retirement Association (PERA) in a bid to recover nearly $4 million lost by the fund when Pacific Gas and Electric Company (PG&E)'s stock took a tumble after the Northern California wildfires last year. The lawsuit alleges that PG&E misled investors about its compliance with California safety laws and subsequent risk of wildfire. 				 					 

						
Tagged in:
													  Misrepresentations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 7, 2018

				 AstraZeneca, the multinational pharmaceutical giant, has agreed to pay Texas $110 million to settle allegations that the company misleadingly marketed two of its drugs, Crestor and Seroquel, in violation of the Texas Medicaid Fraud Prevention Act. The allegations focused on the company鈥檚 off-label marketing in 2010, when it was under a corporate integrity agreement. Former employees of AstraZeneca initiated the case under the whistleblower provisions of the Texas Medicaid Fraud Prevention Act. 				 					 

						
Tagged in:
													  FCA State, 
													  Off-Label and Unapproved Use, 
													  Pharma Fraud, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 3, 2018

				 A former subcontractor, Andrew Nolan, has pleaded guilty to falsifying quality testing results for the concrete used on the Dulles Metrorail Project. The actual results would have caused the concrete to be rejected in the project, which is partially funded by the Department of Transportation. Nolan is being prosecuted under both the federal False Claims Act and the Virginia Fraud Against Taxpayers Act and faces a maximum of five years in prison. 				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  Defendants, 
													  FCA Federal, 
													  FCA State, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 3, 2018

				 J.W. Ancel, Inc. has paid $145,000 to settle allegations that, in the course of constructing a bus facility and building for the Maryland Transit Administration, it billed excessively for work that wasn鈥檛 covered in the contract or expressly approved. The case was prosecuted under the Maryland False Claims Act, which was passed only two years before the alleged fraud began in 2013. 				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  FCA State, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 26, 2018

				 New York announced guilty pleas by transportation company 716 Transportation, Inc., its president, and one of its drivers, in connection with a $1.2 million Medicaid fraud scheme. The company and its president admitted to billing Medicaid for transportation services that were either never provided or that violated Medicaid rules and regulations. 				 					 

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

					
	
							
	
		
		
	


 			


											

						

								

									
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