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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.

				

			

			
						
					
			

	
		
		

			

				
				
June 15, 2018

				 New York and over forty other states announced a $100 million dollar settlement with Citibank to resolve allegations that the bank fraudulently manipulated U.S. Dollar LIBOR, a critical interest-rate benchmark that impacts global financial instruments worth trillions of dollars. The New York Attorney General’s Office led the investigation, which found evidence that Citibank made material misrepresentations and omissions regarding the LIBOR benchmark to state and local governments, as well as non-profit, private, and institutional counterparties. The states alleged that Citibank entered numerous LIBOR-referenced transactions without disclosing that it had reason to believe that its own LIBOR submissions did not accurately represent its borrowing rates. 				 					 

						
Tagged in:
													  Financial Institution Fraud, 
													  Foreign Exchange, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 12, 2018

				 North Carolina announced the sentencing of Dr. Duke Ellington Ellis, who allegedly assisted Nature’s Reflections, a Durham-based behavioral health company, forge the signature of a licensed psychologist in order to submit millions of dollars in false claims to Medicaid. Ellis will face thirteen months in prison and will pay over a million dollars in restitution to the North Carolina Medicaid Program. 				 					 

						
Tagged in:
													  FCA State, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 11, 2018

				 Ne York announced that former Judge Richard Sherwood has pleaded guilty to running a scheme that looted more than $11 million from trusts he oversaw. For nearly a decade, Sherwood and his co-conspirator, Thomas Lagan, allegedly pilfered millions in funds from charitable trusts they managed. Sherwood faces up to ten years in prison. As part of the plea, Sherwood forfeited $3,742,211.65 in previously seized funds, as well as a residence that previously belonged to two of his victims. Sherwood also pleaded guilty to separate federal charges for money laundering and tax fraud. 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 7, 2018

				 New Jersey announced that Harshad Patel and his businesses – AP Surgery Center, LLC and AP Diagnostics Imaging, Inc. – have paid a $718,000 settlement for allegedly defrauded the State’s Charity Care Fund by under-reporting annual gross receipts from his businesses. The Charity Care Fund is used to provide subsidies to hospitals that provide “charity” medical care – care for persons not covered by health insurance and who cannot afford to pay. According to the state, Patel and his businesses allegedly under-reported their annual gross receipts on the forms they submitted to DOH for six years, evading more than $1 million in Charity Care Fund assessments in the process. The two relators who flagged the unlawful conduct to the state, Allstate Insurance Company and the Medical Investigation Group, received a $215,400 award. 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 6, 2018

				 New Jersey announced that IDT Energy, Inc. (IDT Energy), a third-party energy supplier, has agreed to pay $1.36 million, including $1.2 million in restitution to consumers, to resolve the state’s allegations that it engaged in unfair and deceptive business practices that saddled consumers with sky-high energy bills during the harsh winter of 2014. The state alleges IDT Energy engaged in aggressive and deceptive marketing and sales tactics; switched consumers’ energy suppliers without their authorization; misled consumers with promises of lower energy rates; failed to provide consumers with energy rates that were consistent with the pricing mechanisms in the IDT Energy contracts; and utilized contracts that included provisions that were contrary to clearly established legal rights of consumers or to the responsibilities of IDT Energy under state and federal law. The state investigation arose out of numerous customer complaints concerning IDT Energy’s business and marketing practices. 				 			
	
		
		
	


 			




	
		
		

			

				
				
June 5, 2018

				 New York announced an $883,000 settlement with City Practice Group of New York, LLC (CityMD), a New York City urgent-care chain, for causing its affiliates to overbill New York State’s Empire Plan for facility fees for which they were not entitled. This practice resulted in $197,390.52 in overbilling to the government employee health insurance plan. The state investigation was prompted by a whistleblower who filed a lawsuit against CityMD under the New York False Claims Act. The whistleblower will receive over $176,000 from the settlement for bringing this misconduct to light. 				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 1, 2018

				 New Jersey announced the indictment of Dr. Terry Ramnanan, a neurologist charged in connection with a statewide medical kickback scheme. Ramnanan, who operates Interventional Spine and Pain Treatment Center in Paramus, allegedly used his medical facility to fraudulently bill insurance carriers for more than 637 medical procedures totaling $682,000. Ramnanan plead guilty to lesser charges relating to the same fraudulent conduct in July 2016, and was previously indicted on one charge of third-degree conspiracy, commercial bribery, and criminal use of runners in August 2017. 				 			
	
		
		
	


 			




	
		
		

			

				
				
June 1, 2018

				 Iowa announced a consent judgment against Joshua Joseph Auten, owner of Over the Top Construction, for violating the Iowa Consumer Fraud Act and other laws. The state alleges that Auten made several significant misrepresentations and omissions to consumers on home-repair projects, failed to provide labor, materials or reimbursement of down payments, refused to respond to consumer complaints, failed to follow procedures required by Iowa’s Door-to-Door Sales Act, and did business under false names. Auten agreed to pay $129,855 and follow several requirements in his contracting practice going forward. 				 			
	
		
		
	


 			




	
		
		

			

				
				
June 1, 2018

				 North Carolina announced Dr. Michael Alston Smith pled guilty to drug distribution, health care fraud, and aggravated identity theft in United States District Court in Charlotte. The plea resolves allegations that Dr. Smith, a former Mount Holly family practice physician, illegally distributed controlled substances to female patients in exchange for sex acts. North Carolina also announced settlements with Brooke Stiles, a dentist, and Atlanticare Home Care Agency. The state alleges Stiles billed for services that were not medically necessary, had no supporting clinical documentation, and/or were performed in violation of Medicaid policy. Stiles agreed to repay $100,000 to the Medicaid program. Atlanticare and its owner, Elbert Moore, agreed to return $325,000 to the North Carolina Medicaid Program to resolve allegations that the company allowed improperly qualified aides to serve patients and produced false documents in response to requests for verification. ; ; 				 			
	
		
		
	


 			




	
		
		

			

				
				
May 31, 2018

				 Michigan announced that Lajuana Scott has been ordered to pay $915,000 in restitution and sentenced to a year in jail after being convicted of embezzlement and Medicaid fraud. Scott worked at a non-profit methadone clinic, Nardin Park Recovery Center, where she submitted false claims for psychotherapy to Medicaid and Medicare by billing multiple entities for the same psychotherapy services and billing on behalf of doctors who had not provided therapy to the patients. The state also discovered that Scott was stealing money from the non-profit’s bank account. 				 			
	
		
		
	


 			


											

						

								

									
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