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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.

May 31, 2018

New York announced the guilty plea of Andreea Dumitru, 43, of New York, NY for her role in assisting "Taxi King" Evgeny Freidman's failure to remit to the New York State Department of Taxation and Finance $5 million in 50-cent MTA surcharges between 2012 and 2015. During this time period, Dumitru — the former CFO of Taxiclub Management Inc. — assisted Freidman with managing a fleet of over 800 medallion taxicabs out of locations in Manhattan, Brooklyn, Woodside, and Long Island City. In Albany County Court, Dumitru, who is also a licensed attorney, pleaded guilty to Criminal Tax Fraud.

May 30, 2018

Texas announced $15.2 million in combined Medicaid fraud settlements with a group of Dallas-Fort Worth area Medicaid rehabilitation therapy providers. Six individuals and four companies agreed to settle claims they violated the Texas Medicaid Fraud Prevention Act. Several of the providers are permanently barred from participating as Texas Medicaid providers. The lawsuit alleged that rehabilitation therapy providers conspired to avoid repaying $2.7 million owed to Texas Medicaid for overpayments made to Advanced Therapy Services of Fort Worth and Advanced Therapy Services of Dallas for services provided to Texas Medicaid patients.

May 29, 2018

New Jersey announced that an Ocean County couple pleaded guilty to stealing over $1.4 million from more than 20 victims who hired the couple’s home improvement companies to fix their homes after Superstorm Sandy. The victims paid the couple and their firms to repair or rebuild their homes, primarily using Sandy relief funds, but the couple allegedly diverted much of the money to gamble and buy luxury items, leaving homes in disrepair.

May 24, 2018

California announced a $3,318,700 settlement with Cox Communications California, LLC (Cox) and other related entities to resolve allegations that its California facilities unlawfully disposed of hazardous waste – including hazardous batteries, electronic devices, and aerosols. These acts constitute violations of California’s Hazardous Waste Control Law, and of California’s Unfair Competition Law, as such conduct gives Cox a competitive advantage over other regulated entities that are complying with the law. Cox also is alleged to have discarded customer records without rendering personal information unreadable. This settlement was the result of a partnership between the Attorney General’s Office and the Alameda County District Attorney’s Office.

May 24, 2018

New York announced a $4.3 million settlement with Oak Beverages Inc. for falsely inflating the number of empty bottle returns it received, resulting in a failure to turn over approximately $1,859,000 in unpaid deposits to New York State – a violation of New York’s Bottle Bill. Oak Beverages has admitted to the conduct and has agreed to pay damages and penalties pursuant to the New York State False Claims Act. New York’s Bottle Bill (otherwise known as the Returnable Container Act), administered by the Department of Taxation and Finance, encourages recycling by imposing a deposit system on the sale of beverage containers. Beverage distributors such as Oak Beverages must collect a $.05 deposit per container sold and keep the deposit proceeds in trust for the State. Distributors pay out deposits upon the return of empty containers and, on a quarterly basis, must turn over to the State 80% of any deposits collected but not paid out for returned containers together with a report of the amounts at issue. Distributors keep the remaining 20% of unpaid deposits.

May 21, 2018

New York announced felony charges against Keisha Demas, 41, of Brooklyn, NY, for allegedly defrauding Medicaid and stealing over $550,000 from Interfaith Medical Center ("Interfaith"), a Brooklyn not-for-profit community-based hospital that recently came out of bankruptcy. The Attorney General’s office alleges that Demas was paid for a “no-show” job at the hospital for at least four years. During this period, Demas also allegedly received Medicaid benefits she was not entitled to and failed to remit her income taxes to the State of New York. In total, Demas allegedly defrauded Medicaid of over $30,000 and underpaid the New York State Department of Taxation and Finance by nearly $40,000.

May 9, 2018

New Jersey announced that an Ocean County man was convicted at trial of stealing over $400,000 from investors by depositing their funds into a securities trading company he formed, but then using the funds for his own expenses and personal day trading activity. Jeffrey D. Griffin, Jr., 43, of Toms River, N.J., was convicted by a Passaic County jury of all counts in a five-count indictment charging him with theft by deception, misapplication of entrusted property, two counts of violation of New Jersey’s Uniform Securities Act, and money laundering, all in the second degree. The verdict followed a trial before Superior Court Judge Joseph Portelli in Paterson.

May 2, 2018

New Jersey announced that a Burlington County construction company will pay New Jersey more than $499,000 to resolve allegations it committed multiple False Claims Act violations by contracting for public construction jobs while paying its workers a lower hourly wage than required by state and federal law. Under a settlement that resolves a joint state-federal investigation, Ranco Construction, of Southampton, will pay $1.5 million overall – with $499,886 going to the State. The settlement flows from an investigation of Ranco’s labor practices in New Jersey conducted by the Division of Law’s Government and Healthcare Fraud Section in cooperation with the U.S. Attorney’s Office for the District of New Jersey.

April 30, 2018

New Jersey announced that a prominent Ocean County attorney, Robert Novy, who hosted a radio show and taught seminars on elder law was indicted on charges that he stole approximately $1.9 million from elderly clients. The victims generally did not have close relatives to guard their interests and in some cases suffered from dementia. As an expert in elder law, Novy hosted a bi-monthly radio program “Inside the Law,” which focused on topics of concern to senior citizens. He was arrested on Oct. 18, 2016. Detectives executed a search warrant at his firm, Novy & Associates, on Ridgeway Avenue in Manchester, seizing billing records and other evidence. The Attorney General’s Office obtained court orders freezing over $3.5 million in assets held by Novy and his firm and appointing a trustee to oversee the firm’s business operations.

April 27, 2018

A behavioral health and substance abuse treatment provider with locations in Connecticut and its owners have agreed to pay $1,378,533 to resolve a joint state-federal investigation into allegations that they submitted false claims for payment to Connecticut’s Medicaid program. New Era Rehabilitation Center and its co-founders and owners – Dr. Ebenezer Kolade and Dr. Christina Kolade – are enrolled as providers in the Connecticut Medical Assistance Program (CMAP), which includes the state’s Medicaid program. As part of their practice, they provide methadone treatment services for patients dealing with opioid addiction. Most of their patients are CMAP beneficiaries.
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