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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.

April 24, 2015

Ohio Attorney General Mike DeWine announced a lawsuit against a group of interrelated companies accused of violating Ohio’s consumer protection laws by failing to honor consumers’ rights to cancel travel club memberships sold at hotel sales presentations in Toledo, Cleveland, and Columbus. The lawsuit names the following companies as defendants: A2Z Vacations LLC, Great Quest Travel Inc. (d/b/a One and Only Travel), World Wide Travel Resources Inc., Travel Supplier of America Inc. and Universal Concepts Inc.

April 23, 2015

Grady Health System agreed to pay $2,950,000 to settle claims it inaccurately coded claims for neo-natal intensive care unit patients, resulting in alleged damages to the Georgia Medicaid program.

April 23, 2015

New York Attorney General Eric T. Schneiderman filed lawsuits against Portofino Spas, LLC and Total Tan, Inc., accusing both franchises of false advertising by denying or minimizing scientific evidence linking tanning to an increased cancer risk; promoting indoor tanning as a safe way to reap the benefits of vitamin D and other purported health benefits; and asserting the safety of indoor tanning compared to tanning outdoors.

April 23, 2015

German-based Deutsche Bank AG and its UK-based subsidiary DB Group Services (UK) Limited agreed to pay more than $2.5 billion to settle US and UK allegations relating to their role in manipulating and false reporting of the London Interbank Offered Rate (LIBOR) and Euribor.  In addition to the monetary payout, DB Group Services agreed to plead guilty to wire fraud and Deutsche Bank entered into a deferred prosecution agreement to resolve wire fraud and price-fixing charges. The settlement payment consists of an $800 million CFTC penalty, a $600 million penalty payable to the New York Department of Financial Services, $344 million payable to the U.K. Financial Conduct Authority (FCA) action, and criminal penalties and disgorgement payable in an agreement with DOJ, including a $150 million fine payable by DB Group Services and a $625 million penalty payable by Deutsche Bank.  ; ;

April 22, 2015

Massachusetts Attorney General Maura Healey announced the filing of a complaint against the Center for Psychiatric Medicine for unlawfully profiting off of patients seeking treatment for opiate addiction. The state alleges that since October 2010, the company charged hundreds of its patients cash fees to receive Suboxone treatment, a medication covered by MassHealth, when they should not have been charged at all.

April 20, 2015

The Texas Attorney General’s Office filed a lawsuit against Houston-based learning center Parkview Home School for unlawfully marketing and selling fraudulent high school diplomas and transcripts. According to the state, Parkview has provided fake high school diplomas and transcripts to Texas consumers for a fee and employs no teachers, requiring little or no coursework or educational requirements on their students.

April 16, 2015

Georgia doctor Zheng Xiang Wang and the Wang Eye Clinic, P.C. agreed to pay $790,000 to settle allegations they billed Georgia Medicaid for medically unnecessary ophthalmology procedures.

April 16, 2015

A former retail insurance agent with Kilgore Insurance Agency, along with the agency’s owners, have been ordered to pay more than $3.5 million in restitution and interest for overcharging clients, mostly small business owners, by padding insurance premiums with hidden “agency fees.”

April 15, 2015

New York Attorney General Eric T. Schneiderman announced a $10 million settlement of a lawsuit filed against the auditing firm Ernst & Young LLP over its involvement in a financial statement fraud at the now-defunct investment bank, Lehman Brothers Holdings, Inc. That money will be distributed as restitution to investors in Lehman securities, along with some $99 million being paid by Ernst & Young to settle a private federal class action that relied in part on facts uncovered by the Attorney General’s investigation. No other law enforcement authority has brought an enforcement action in connection with the 2008 collapse of Lehman and today’s settlement resolves the first lawsuit brought against an auditor of a public company under New York’s securities laws.

April 13, 2015

Hallmark Health Systems agreed to pay $1.75 million to settle allegations it improperly billed the Massachusetts Medicaid Program (MassHealth) for certain inpatient admissions at its hospitals, resulting in overpayments by MassHealth. The settlement alleges that from March 2008 to December 2013, Hallmark used a specific default code that classified MassHealth patients as having received short-stay inpatient services, when an observation or outpatient level of care would have been more appropriate.
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