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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.

				

			

			
						
					
			

	
		
		

			

				
				
November 22nd, 2017

				 California announced a settlement with DIRECTV to resolve allegations that its California facilities unlawfully disposed of large volumes of hazardous waste 鈥� including hazardous batteries, electronic devices, and aerosols 鈥� and committed additional violations stemming from the mismanagement of such items. These acts constitute violations of California鈥檚 Hazardous Waste Control Law, and of California鈥檚 Unfair Competition Law, as such conduct gives DIRECTV a competitive advantage over other regulated entities that are complying with the law. On November 21, 2017, by stipulation of the parties, the Alameda County Superior Court entered a final judgment incorporating the terms of the settlement. As part of the settlement, DIRECTV will be required to pay more than $8.9 million for civil penalties, costs, and projects furthering environmental protection; will be bound by a permanent injunction prohibiting similar future violations of law; and will have to spend more than $580 thousand over the next five years to enhance environmental compliance at its California facilities. 				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 17th, 2017

				 New York announced the indictment of Hin T. Wong ("Wong"), 49, of Manhattan, Mery Gooden, 58, of the Bronx, and three pharmacies. The indictment charges Wong, the owner of three Manhattan pharmacies 鈥� New York Pharmacy Inc. ("NY Pharmacy"), NYC Pharmacy Inc. ("NYC Pharmacy"), and New York Healthfirst Pharmacy Inc. ("NY Healthfirst") 鈥� for defrauding several government-funded healthcare programs, including Medicaid and Medicare, by falsely billing prescription refills and stealing over $3 million in reimbursement for medication they did not dispense. Wong was indicted for Grand Larceny in the First Degree, a class "B" felony, and other crimes. In addition, Mery Gooden, a pharmacist at NYC Pharmacy, was indicted for Grand Larceny in the Second Degree and other related crimes. 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 16th, 2017

				 New York announced the arrests of unlicensed plastic surgeon Brad Jacobs, 56, of Westbury, NY, and licensed physician Nicholas Sewell, 74, of Jackson Heights, NY, on charges they engaged in a four-year scheme to illegally perform plastic surgeries on over 60 patients, including causing permanent disfigurement to one patient. Jacobs, a former plastic surgeon, surrendered his New York medical license in 2007 after the New York State Department of Health charged him with 29 specifications of Professional Medical Misconduct. From September 2012 to June 2016, Jacobs and Sewell allegedly defrauded patients undergoing costly cosmetic surgery procedures 鈥� each averaging between $8,000 and $10,000 鈥� by falsely representing that Jacobs was authorized to practice medicine. 				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Improper Medical Personnel, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 15th, 2017

				 New York announced the sentencings of Kenneth Cohn, Sharon Cohn, and Yellow Medi-Van and Taxi, Inc., for stealing hundreds of thousands of dollars in Medicaid funds and knowingly operating transportation services without Worker鈥檚 Compensation insurance. At sentencing in Broome County Court, the Cohns forfeited and released $455,604 currently being withheld by the New York State Department of Health, to the Attorney General鈥檚 Medicaid Fraud Control Unit. Each defendant also agreed to pay $50,000 in restitution, for a total of $100,000. Kenneth Cohn was sentenced to five years鈥� probation, and Sharon Cohn was sentenced to one year conditional discharge. Yellow Medi-Van and Taxi, Inc. was sentenced to three years conditional discharge. 				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Medicaid, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 25th, 2017

				 California announced a $220 million multistate settlement with Deutsche Bank for fraudulent conduct involving the manipulation of the London Interbank Offered Rate (LIBOR). LIBOR is the rate at which banks lend money to one another. It is a key financial tool that determines interest rates for many financing mechanisms, including government and corporate bonds. Deutsche Bank colluded with other banks to skew borrowing rates in its favor, illegally profiting on contracts with municipalities linked to LIBOR. This unlawful strategy resulted in a sharp increase in profits for Deutsche Bank at the expense of government entities and non-profit organizations in California and throughout the country. , 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 19, 2017

				 New York announced the conviction of Yankee Clipper Food Services I Corporation on felony charges stemming from an extensive scheme to avoid paying New York taxes between 2011 and 2015. Following an investigation conducted by the Attorney General鈥檚 Office, the company, along with several individuals and affiliated airport food service companies doing business under the trade name "Express Hospitality Group," agreed to pay $13 million to settle separately filed civil claims initially raised by a whistleblower under New York State鈥檚 False Claims Act. The plea and civil settlement are the first resolution in the Attorney General鈥檚 ongoing investigation into the contracting and procurement process at JFK Airport鈥攁n investigation dubbed "Operation Greased Runway." 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 19, 2017

				 California announced a $120 million multistate settlement with General Motors Company (GM) over allegations that the company concealed safety issues related to defective ignition switches in GM vehicles. California will be receiving over $7 million. The settlement, reached among the attorneys general of 49 states and the District of Columbia and GM, concludes a multistate investigation into the auto manufacturer鈥檚 failure to disclose in a timely manner known safety defects associated with unintended key-rotation and/or ignition-switch related issues in several models and model years of GM vehicles.  				 					 

						
Tagged in:
													  Auto Safety, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 16, 2017

				 Louisiana announced the arrests of three New Orleans women as a result of an investigation exposing over $2 million in Medicaid Fraud. Lanice Stamps, 44 of New Orleans and owner of A New Direction Support Services, was arrested on 10 counts of Medicaid fraud for allegedly providing false and fraudulent claims for behavioral health services not rendered. Many recipients were fraudulently diagnosed as moderately mentally retarded or severely autistic so that the claims submitted could be billed at a higher level and they had never received counseling services. 				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 4, 2017

				 Illinois announced a $1 million settlement with A. Lamp Concrete Contractors Inc. (A. Lamp), a construction company based in suburban Schaumburg, for failing to comply with the state鈥檚 Prevailing Wage Act. A. Lamp鈥檚 state contracts required it to pay workers on public works projects prevailing wages and provide the state with certified payroll records to demonstrate the wages were paid. Madigan alleged that between 2008 and 2014, A. Lamp submitted false payroll records that underreported the number of hours worked by certain workers to create the appearance the company was paying higher wage rates than it was. 				 					 

						
Tagged in:
													  Government Procurement Fraud, 
													  Prevailing Wage, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 29, 2017

				 Texas secured an Assurance of Voluntary Compliance (AVC) with LowerMyBills, a lead generation company that misled consumers toward Credit Alliance Group (CAG), which falsely advertised its accreditation and debt management process. This AVC secured $2 million in restitution for eligible consumers. The attorney general鈥檚 office sued CAG in 2013 for defrauding customers out of millions of dollars entrusted to settle their debts, and for providing debt management services unauthorized by the Texas Office of Consumer Credit Commissioner, actions that cost hundreds of consumers thousands of dollars in losses. CAG claimed it would eliminate 20 to 60 percent of a consumer鈥檚 outstanding debt within three years. However, customers were charged up-front fees as high as 35 percent of the debt they owed, and CAG was found depositing customer payments into its own operating account. The attorney general鈥檚 office brought action against both LowerMyBills and CAG under the Texas Deceptive Trade 91吃瓜网 and Consumer Protection Act. 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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