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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 3, 2018

Illinois announced a $20 million settlement with Royal Bank of Scotland as a result of the bank’s misconduct in its marketing and sale of risky residential mortgage-backed securities (RMBS) leading up to the 2008 economic collapse. The settlement with Royal Bank of Scotland resolves an investigation by Madigan’s office over the bank’s failure to disclose the true risk of RMBS investments.

July 3, 2018

The state and federal governments reached a joint settlement resolving allegations that a Waterford psychologist submitted false claims for behavioral health services she never provided to her Connecticut Medicaid patients, Attorney General George Jepsen and Connecticut Department of Social Services (DSS) Commissioner Roderick L. Bremby. Dr. Arlene Werner, a licensed psychologist and owner and sole practitioner of a private psychology practice, will pay $126,760.09 and has been suspended from participation in the Connecticut Medical Assistance Program (CMAP) – which includes the state’s Medicaid program – for a period of two years. The state and federal governments alleged that, from January 2011 to July 2016, Dr. Werner submitted false claims to the CMAP for psychotherapy services that were not provided to her CMAP patients.

June 25, 2018

New York announced registered nurse Collins Anyanwu-Mueller has been sentenced to a year in prison for stealing over $390,000 from Medicaid. A MFCU investigation uncovered that Anyanwu-Mueller submitted false Medicaid claims for private duty nursing services that he never provided to two severely disabled Medicaid recipients. Both Medicaid recipients required around-the-clock care. Prior to sentencing, Anyanwu-Mueller paid the State of New York $25,000 and has agreed to pay the remaining $367,954 in restitution owed.

June 25, 2018

Georgia announced new charges against Michelle Oliver, Harold Hunt, Cynthia Riley, and Perry Kirka for carrying out a large-scale, systematic operation to exploit and abuse at-risk adults. The alleged scheme involved, among other things, stealing Social Security funds from elderly and/or disabled adults, and depriving the victims of healthcare, shelter, and food. The defendants have been charged with RICO violations, identity fraud, and operating an unlicensed personal care home, among other crimes.

June 22, 2018

New York announced Franklin S. Marone was resentenced to 10 1/3 to 29 years in state prison for willfully failing to pay restitution to victims of his $5.4 million fraud scheme, in violation of the terms of his prior sentence. Marone, a former stockbroker, stole over $5.4 million from his fellow members of the ski patrol at a Catskills mountain resort through an elaborate investment fraud scheme.

June 22, 2018

California announced the arrest of Richard Fazlollahi, a district manager with the California OSHA, for bribery. Fazlollahi allegedly requested a bribe from a construction company in exchange for reducing penalties for workplace safety violations.

June 22, 2018

New Jersey announced that chiropractor John Langeraap was sentenced to three years in prison for his role in defrauding numerous insurance carriers of nearly $4 million. Langeraap admitted to acting as the straw owner of the South Orange Trauma and Rehab Center, which was actually run by unlicensed chiropractor Phillip Potacco. Potacco was sentenced to seven years in prison and ordered to pay $3.5 million in restitution for his role in running the medical kickback and fraudulent claims scheme.

June 21, 2018

Connecticut has sued a behavioral health provider, Susan Britt, for violations of its FCA. Britt is a licensed professional counselor who runs her own practice, Inner Peace. According to the state’s allegations, Britt would provide counselling services to children, then meet with parents to discuss their children’s progress, and bill the state Medicaid program as if she provided counseling services to both parents and children. During the time period in question, Britt billed the state over $530K.

June 20, 2018

The New Jersey Attorney General’s office has charged four more individuals with file false applications for Superstorm Sandy Relief Funds. According to the state, the defendants filed fraudulent applications for FEMA relief funds and State grants for which they were not entitled to. The new charges bring the total number of defendants in related fraud actions to 116.

June 18, 2018

Connecticut has reached a $200K FCA settlement with Dr. Elijah Caldwell, a behavioral health clinician, and two practices that he owns or controls. According to the state, Dr. Caldwell billed Connecticut’s Medicaid program for psychotherapy services that were never rendered. In addition to the monetary settlement, Dr. Caldwell will be excluded from the Medicaid program for the next decade. The fraud was brought to light by a whistleblower.
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