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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.

				

			

			
						
					
			

	
		
		

			

				
				
March 6, 2018

				 New York announced a $500 million settlement with Royal Bank of Scotland over the bank鈥檚 deceptive practices and misrepresentations to investors in connection with the packaging, marketing, sale, and issuance of residential mortgage-backed securities (RMBS) leading up to the financial crisis. The settlement includes $100 million in cash to New York State and $400 million worth of consumer relief for New York homeowners and communities. 				 			
	
		
		
	


 			




	
		
		

			

				
				
March 6, 2018

				 New York announced a settlement with healthcare provider EmblemHealth and wholly owned subsidiary Group Health Incorporated ("EmblemHealth") after the company admitted a mailing error that resulted in 81,122 social security numbers being disclosed on a mailing. In addition to paying a $575,000 penalty, EmblemHealth agreed to implement a Corrective Action Plan and conduct a comprehensive risk assessment. 				 					 

						
Tagged in:
													  Cybersecurity and Data Breaches, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 23, 2018

				 New York announced the arrest of lawyer and Town of Guilderland Judge Richard Sherwood and financial advisor and lawyer Thomas Lagan, for a scheme in which they allegedly plundered over $4 million from family trusts they were responsible for overseeing. 				 			
	
		
		
	


 			




	
		
		

			

				
				
February 15, 2018

				 New York announced the arrest and indictment of, as well as a civil asset forfeiture action against, Arkady Goldin, 39, of Brooklyn, and Value Pharmacy, Inc. ("Value"), for allegedly defrauding the New York State Medicaid program out of millions of dollars. Goldin, an owner of Value, is charged with Grand Larceny in the First Degree and other crimes for having allegedly paid kickbacks to a hospital employee for the referral of prescriptions for costly cancer medications. Additionally, prosecutors allege that Value billed Medicaid for over a million dollars of prescription medication it did not have in stock to dispense. The Attorney General鈥檚 Medicaid Fraud Control Unit ("MFCU"), also filed an asset forfeiture and civil recovery action against Goldin, Value, and Goldin鈥檚 co-owners seeking over $8.7 million in damages and penalties, alleging that Value鈥檚 owners made millions from these schemes that they funneled through shell companies to purchase personal expenses such as travel, luxury cars, and a high-end country club membership. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 13, 2018

				 California announced the indictment of four individuals on 194 criminal felony counts for allegedly operating a mortgage fraud scheme throughout Southern California. The scheme resulted in a loss of approximately $2 million for 40 victims who were seeking loans to help pay off their mortgages. Many of the victims lost their homes and life savings. Andrew Valles, Jemal Lilly, Mark Bellinger and Arnold Millman were indicted by a grand jury in the San Diego Superior Court for grand theft, filing false or forged documents in a public office, conspiracy to commit those offenses, and identity theft, as well as special allegations for aggravated white collar crime. Two of defendants, Jemal Lilly and Mark Bellinger were arrested on January 30, 2018; they pled not guilty at their arraignments on February 2 and February 13, 2018. Defendants Andrew Valles and Arnold Millman have not been arrested and are currently at large and out of custody. 				 					 

						
Tagged in:
													  Housing and Mortgage Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 9, 2018

				 Maryland announced the State has reached a settlement with Computer Sciences Corporation (CSC), a State contractor to the Maryland Department of Health (MDH), to resolve litigation between CSC and the State. CSC will pay the State $81 million. The settlement resolves disputes stemming from a major IT contract entered into between MDH and CSC. The contract, called the Medicaid Enterprise Restructuring Project (MERP), required CSC to develop and implement a new computer system for the State Medical Assistance Program, or Medicaid. Once the new system was established, CSC would also help operate the system. The computer system is responsible for administration of the State Medicaid program, including the processing of approximately $10 billion paid out to Medicaid providers each year. 				 					 

						
Tagged in:
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 7, 2018

				 Virginia announced that more than $2.7 million in relief will be provided to Virginia consumers who took out loans with Internet lender MoneyLion of Virginia LLC-an affiliate of New York based Internet lender MoneyLion, Inc. Attorney General Herring鈥檚 settlement with MoneyLion will provide refunds and debt forgiveness to 3,800 consumers as a result of the company鈥檚 alleged violations of the Virginia Consumer Protection Act. Since creating a Predatory Lending Unit in his Consumer Protection Section, Attorney General Herring鈥檚 Office has recovered more than $25 million in restitution and debt forgiveness for Virginia consumers from online lenders. 

				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 2, 2018

				 Texas announced that his office, in coordination with Harris County and the city of Houston, obtained a permanent injunction to shut down Fantasy Smoking and Accessories, which sold synthetic cannabinoids without disclosing that the substances are illegal and potentially dangerous. Store owners Glenn and Judy Cohen will pay more than $2.5 million in a final settlement. When the Houston Police Department Narcotics Division executed a search warrant at Fantasy Smoking, officers discovered several kinds of synthetic cannabinoids and packaging materials. An employee admitted to police that Glenn Cohen ordered the synthetic drugs, which were delivered to the Houston smoke shop in a trash bag and then individually packaged by employees in a back room. TX				 			
	
		
		
	


 			




	
		
		

			

				
				
January 31, 2018

				 New York announced that Home Family Care, Inc. ("Home Family") of Brooklyn, NY and its President, Alexander Kiselev, will pay $6.415 million to resolve allegations that they violated the federal and New York False Claims Acts by falsely billing the New York State Medicaid program for home health care services that were not provided or that were provided by unqualified staff. The settlement resolves allegations in a complaint filed by the State of New York and the United States that Home Family routinely permitted its aides to circumvent verification procedures purportedly put in place by Home Family to ensure that its aides were providing scheduled services to Medicaid recipients who depended upon them. As alleged in the complaint, even after Home Family put in place an electronic attendance verification system which purportedly required aides to call a central number to "clock in" and "clock out" of their shifts before their services could be billed, Home Family aides routinely ignored this requirement and failed to clock in or out of their shifts 鈥� yet were still paid for them. 				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Improper Medical Personnel, 
													  Medicaid, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 22, 2018

				 Maryland announced it has joined the United States, the District of Columbia, and 19 other states in a settlement agreement relating to allegations against Benevis, LLC (formerly known as NCDR, LLC) and 133 Kool Smiles clinics that received non-clinical practice support from Benevis, LLC. Maryland will receive $1.022 million as a result of the settlement. The settlement will resolve allegations that Benevis/Kool Smiles knowingly submitted or caused to be submitted false claims to the Medicaid program related to dental services provided to pediatric patients. Under the settlement, Benevis/Kool Smiles agreed to pay $23.9 million collectively to the federal and state governments. The participating states will share $9.65 million of the total settlement. 				 					 

						
Tagged in:
													  FCA State, 
													  Medicaid, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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