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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.

				

			

			
						
					
			

	
		
		

			

				
				
September 18, 2014

				 New York Attorney General Eric T. Schneiderman announced that 46 states and the District of Columbia have reach a settlement agreement with Minnesota-based company Medtronic to resolve claims under the False Claims Act that Medtronic improperly induced physicians to recommend Medtronic devices to treat cardiac rhythmic disease. New York led a national team composed of members from Oregon, Texas and California to negotiate the settlement. The federal government settled its matter in May of this year. The agreement requires Medtronic to pay the settling states $362,362 which will go to those states’ Medicaid programs. The matter was brought by a whistleblower, Adolfo Schroeder. NYAG				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Devices and DME, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 20, 2014

				 New York Attorney General Eric T. Schneiderman and U.S. Attorney Loretta Lynch announced they have entered into settlement agreements with New Rochelle nursing home Ralex Services, Inc., doing business as Glen Island Center for Nursing and Rehabilitation, to resolve allegations the facility and its owner Leah Friedman submitted tens of thousands of inflated claims to the New York State Medicaid Program.  According to the government, the 182-bed Glen Island facility submitted more than 62,000 false claims to New York’s Department of Health from April 2002 to November 2006.  The false claims used Medicaid reimbursement rates based, in part, on up-coded Patient Review Instruments (PRIs), which falsely represented the degree of care required by many Glen Island residents.  Under the settlement, Glen Island Center and Friedman will return $2.2M to Medicaid.  NYAG				 					 

						
Tagged in:
													  SNF, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 12, 2014

				 New York Attorney General Eric T. Schneiderman announced that the Northern Manor Multicare Center nursing home agreed to pay $6.5M to resolve allegations it was not providing services as represented in its claims for payment to Medicaid.  NYAG				 					 

						
Tagged in:
													  Medical Billing Fraud, 
													  SNF, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 6, 2014

				 New York Attorney General Eric T. Schneiderman announced he, along with 40 other state Attorneys General and the District of Columbia, reached a $35M settlement with Pfizer arising from alleged improper marketing and promotion of the immunosuppressive drug Rapamune. New York’s share of the settlement is over $1.7M. Pfizer, as parent of Wyeth Pharmaceuticals Inc., agreed to be bound by the judgment and to resolve allegations that Wyeth unlawfully promoted Rapamune. Attorney General Schneiderman’s office served on the Executive Committee of this multi-state investigation. NYAG				 					 

						
Tagged in:
													  FCA State, 
													  Medicaid, 
													  Off-Label and Unapproved Use, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 1, 2014

				 New York Attorney General Eric T. Schneiderman announced a $24.6M settlement of his Charities Bureau’s investigation into direct mail fundraising abuses at what has become one of the country’s largest veterans’ charities, the Disabled Veterans National Foundation. The abuses, the investigation found — including misleading solicitations and failure to disclose conflicts of interest — were perpetrated by DVNF’s two outside, for-profit direct mail vendors, Quadriga Art and Convergence Direct Marketing.  Under the settlement, Quadriga, which produced and sent out the mailings and played the dominant role in running DVNF’s fundraising efforts, will pay $9.7M in damages, and Convergence, which designed the solicitations and provided other advice, will pay $300,000 in damages.  This $10M will go to help support and improve the lives of disabled American veterans.  In addition, Quadriga will forgive $13.8M in debt that DVNF owes to Quadriga, and adopt a number of significant reforms to improve transparency and set a higher ethical bar for the direct mail charitable solicitations industry. Quadriga will pay an additional $800,000 to the State of New York for costs and fees.  The settlement is believed to represent the largest amount of financial relief ever obtained in the U.S. for deceptive charitable fundraising.  NYAG				 			
	
		
		
	


 			




	
		
		

			

				
				
June 24, 2014

				 New York Attorney General Eric T. Schneiderman announced that his office, along with the Federal Trade Commission and the Attorney General of Florida, have reached a $15.6M settlement with The Tax Club, Inc. related to deceptive business practices and false advertising seen in telemarketing schemes that targeted consumers operating internet-based businesses.  According to the government, the operators of The Tax Club’s telemarketing schemes took millions of dollars from consumers by allegedly misleading them into believing that its purported services would help consumers’ home-based businesses succeed.  NYAG				 			
	
		
		
	


 			




	
		
		

			

				
				
June 4, 2014

				 New York Attorney General Eric T. Schneiderman announced he, along with 43 other State Attorneys General and the District of Columbia, reached a $105M settlement with GlaxoSmithKline, LLC (GSK)  arising from alleged improper marketing and promotion of the asthma drug Advair and the anti-depressant drugs Paxil and Wellbutrin.  New York’s share of the settlement is over $4.1M.  NYAG

				 					 

						
Tagged in:
													  Off-Label and Unapproved Use, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 8, 2014

				 Acting New Jersey Attorney General John J. Hoffman announced HIKO Energy, LLC agreed to pay $2.1 million and to significantly revise its business practices to resolve allegations it aggressively solicited consumers with written guarantees and verbal representations about its monthly prices for electric and/or natural gas service which it failed to fulfill, resulting in significant financial losses for New Jersey consumers. NJ				 			
	
		
		
	


 			




	
		
		

			

				
				
January 5, 2014

				 New York Attorney General Eric T. Schneiderman announced that Apple Transportation of New York, Inc. will pay $300,000 to settle claims it overbilled Medicaid for transportation services. As part of a settlement agreement, Apple Transportation admitted that between January 1, 2004 and October 30, 2008, it frequently billed Medicaid for ambulette services even though no personal assistance was provided to Medicaid recipients. As a result, Apple was paid by Medicaid for ambulette services at rates that were higher than the applicable livery rates. NY				 					 

						
Tagged in:
													  Lack of Medical Necessity, 
													  Medicaid, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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