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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.

				

			

			
						
					
			

	
		
		

			

				
				
April 4, 2018

				 Georgia announced an $8.5 million settlement with National Check Resolution, Inc., resolving charges that the debt collection company committed multiple violations of the federal Fair Debt Collection 91吃瓜网 Act and the Georgia Fair Business 91吃瓜网 Act. National Check Resolution, owner Samuel Tulumello and manager Rhonda Tulumello are alleged to have repeatedly harassed and deceived consumers by representing that consumers had committed a crime and threatening them with arrest or imprisonment if they did not pay the debt; falsely representing themselves as attorneys, legal couriers or government entities; failing to disclose that they were debt collectors attempting to collect a debt; contacting third parties and divulging information about the debtor鈥檚 account; and collecting or attempting to collect debts from Georgia consumers that resulted from payday loans, which are illegal and enforceable under Georgia law. 				 			
	
		
		
	


 			




	
		
		

			

				
				
April 4, 2018

				 New Jersey announced that Virtua Medical Group, P.A. ("VMG"), a network of physicians exclusively affiliated with more than 50 South Jersey medical and surgical practices, has agreed to pay $417,816 and improve data security practices to settle allegations it failed to properly protect the privacy of more than 1,650 patients whose medical records were made viewable on the internet as a result of a server misconfiguration by a private vendor. VMG, a non-profit New Jersey captive Professional Association of Virtua Health Inc. headquartered in Marlton, agreed to the settlement terms after the Division鈥檚 investigation concluded that VMG鈥檚 failure to comply with federal healthcare data security standards publically exposed the medical information 鈥� including patient names, medical diagnoses and prescriptions 鈥� of up to 1,654 individuals treated at Virtua Surgical Group in Hainesport, and Virtua Gynecological Oncology Specialists and Virtua Pain and Spine Specialists in Voorhees. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 28, 2018

				 New York announced a joint state-federal settlement with CenterLight Health System, Inc. and CenterLight Healthcare, Inc. (together, "CenterLight") over false Medicaid billing. CenterLight will pay $10.36 million to settle state and federal allegations that its former managed long-term care plan (鈥淐enterLight MLTCP鈥�) submitted fraudulent requests to New York鈥檚 Medicaid program for monthly premiums and failed to repay Medicaid for falsely-obtained payments, violating New York and federal False Claims Acts. New York鈥檚 Medicaid program will receive $6.36 million in restitution and penalties from the total settlement payment. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 23, 2018

				 New York announced that Bank of America Merrill Lynch ("BofAML") will pay a record $42 million penalty to the State of New York to settle an investigation into fraudulent practices in connection with BofAML鈥檚 electronic trading services. As part of the settlement, BofAML admits that, pursuant to undisclosed agreements with so-called electronic liquidity providers (鈥淓LPs鈥�) such as Citadel Securities, Knight Capital, D.E. Shaw, Two Sigma Securities, and Madoff Securities, BofAML systematically concealed from its clients over a five-year period that it was secretly routing its clients鈥� orders for equity securities to such firms for execution. Attorney General Schneiderman鈥檚 investigation uncovered that BofAML made other misleading statements to its clients regarding several aspects of its electronic trading services鈥攕tatements that made BofAML鈥檚 electronic trading services appear safer and more sophisticated than they really were. In addition to paying a penalty to New York State, BofAML admitted that it violated the Martin Act, New York鈥檚 securities law, and New York Executive Law 搂 63(12). 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 22, 2018

				 New York announced a settlement with specialty pharmacy Accredo Health Group, Inc. ("Accredo"), following an investigation that revealed, among other issues, that Accredo failed to timely deliver life-sustaining medications; timely respond to after-hour calls; and provide adequate language access for non-English speaking consumers. The investigation also showed that Accredo was not adequately tracking consumer complaints that were directed to the company 鈥搒o it could not determine whether the complaints were handled adequately 鈥� and that counselors for New York consumers lacked proper New York licensure. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 21, 2018

				 New York announced a $230 million settlement with UBS in connection with the packaging, marketing, sale, and issuance of residential mortgage-backed securities (RMBS) to investors leading up to the financial crisis. The settlement includes $189 million worth of consumer relief for New York homeowners and communities and $41 million in cash to New York State. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 16, 2018

				 A Pompano Beach, Florida, resident was sentenced to 90 months in prison for filing fraudulent tax returns, wire fraud, and filing false monthly reports with the U.S. Probation Office announced the Justice Department鈥檚 Tax. According to court documents and evidence presented at trial, Timothy J. Beverley, 61, worked as an airplane broker at Majestic Jet Inc., a company in Pompano Beach that provided aircraft charters.  From 2010 through 2013, Beverly stole more than $2.2 million from Majestic Jet by directing airplane escrow agents to wire funds from the sale of planes to nominee bank accounts that Beverly controlled.  Beverly also stole funds directly from Majestic鈥檚 business bank accounts and used the money to pay for personal expenses including his boat and rent.  Beverley did not report this income on his 2010 through 2013 personal tax returns. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 12, 2018

				 New Jersey announced that three petroleum conglomerates have agreed to pay the State a total of $196.5 million to resolve their liability for damage to the environment and injury to natural resources caused by a gasoline additive known as methyl tertiary butyl ether (MTBE). Defendant Sunoco 鈥� including Sunoco, Inc. and Sunoco, Inc. (R&M) 鈥� has already paid the State $64 million to resolve its liability for MTBE damages. Defendant BP 鈥� including BP America Inc., BP Amoco Chemical Company, BP Corporation North America Inc., BP Products North America Inc. and Atlantic Richfield Company 鈥� has agreed in a separate settlement to pay $64 million, and has already paid the State $32 million. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 8, 2018

				 California announced a $27,840,000 settlement with Home Depot U.S.A. (Home Depot) to resolve allegations that its California stores and facilities unlawfully disposed of hazardous waste 鈥� including waste batteries, aerosol cans, paints, and electronic devices. These acts constitute violations of California鈥檚 Hazardous Waste Control Law, and of California鈥檚 Unfair Competition Law, as such conduct gives Home Depot a competitive advantage over other regulated entities that are complying with the law. Home Depot 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鈥檚 Office, local prosecutors, local regulatory agencies, and the California Department of Toxic Substances Control. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 7, 2018

				  鈥� New York announced a joint state-federal settlement with the Long Island, NY-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP (Practice), as well as various current and former partner physicians of the Practice, including Arnold W. Scherz, M.D., Mitchell Kleinberg, M.D., Michael Nussbaum, M.D., Robert Festa, M.D., and Jason Kronberg, D.O. (Partners)鈥攄oing business as Pediatrics and Adolescent Medicine. The agreement settles allegations that the Practice and Partners did not routinely enroll all of their employee providers treating Medicaid patients in the Medicaid program, and instead used the Partners鈥� Medicaid provider identification numbers to bill for the treatment of Medicaid beneficiaries by unenrolled employee providers. An investigation conducted by the Attorney General鈥檚 office found that the false claims occurred at many of the practice鈥檚 Long Island locations. The pediatrics practice has locations in Holbrook, Port Jefferson, Shirley, and Wading River, NY. New York鈥檚 Medicaid program will receive $450,000 as part of the $750,000 settlement agreement.  				 			
	
		
		
	


 			


											

						

								

									
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