Showing posts with label AG James. Show all posts
Showing posts with label AG James. Show all posts

Saturday, February 15, 2020

AG James, NY Drug Enforcement Task Force, And NY Strike Force Take Down Bronx Gun And Heroin Trafficking Ring


Individuals Illegally Sold 16 Firearms, Including 4 Assault Weapons, 11 High-Capacity Ammunition Feeding Devices, Hundreds of Rounds of Ammunition, and Heroin
Latest Bust in AG’s Efforts to Crack Down on Gun Traffickers, Take Illegal Guns Off of New York’s Streets
  New York Attorney General Letitia James and the New York Strike Force announced a 107-count indictment, charging five individuals for their roles in a gun trafficking operation that illegally sold 16 firearms in the Bronx. The indictment — unsealed in Bronx County Supreme Court today — charges Luis Alsina, Michael Alsina, Miguel Rodriguez, Josue Pagan-Adorno, and Rafael Cruz with trafficking numerous assault weapons, semiautomatic pistols, revolvers, 11 high-capacity ammunition feeding devices, and more than three hundred rounds of ammunition. The indictment additionally charges Luis Alsina and Michael Alsina with various counts pertaining to the sale of approximately 250 grams of heroin.
“Let these arrests serve as a loud and clear message: there is zero tolerance for gun trafficking in New York,” said Attorney General Letitia James. “These five individuals allegedly made a business of flooding our communities with dangerous weapons - including assault weapons -and drugs, putting our city in harm’s way. I thank our partners in law enforcement for their invaluable support and for their help to ensure the safety of all New Yorkers.”
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Some of the weapons and rounds of ammunition recovered through this gun trafficking operation.
This taked own was the result of a joint investigation between the Attorney General’s Organized Crime Task Force (OCTF), the New York Drug Enforcement Task Force, and the New York Strike Force — a crime-fighting unit comprising federal, state, and local law enforcement agencies, supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area.
The investigation, dubbed “Operation Iron Empire,” included the use of physical surveillance, electronic surveillance, and undercover operations. During the course of the recorded transactions, the defendants repeatedly referenced their ability to obtain guns from Pennsylvania and bring them into New York to be sold.
The five defendants were charged with Criminal Sale of a Firearm, Criminal Possession of a Weapon, and Conspiracy for their participation in the illegal gun trafficking operation. Luis Alsina and Michael Alsina were also charged with Criminal Sale of a Controlled Substance and Criminal Possession of a Controlled Substance, as well as Conspiracy for their participation in an illegal heroin distribution scheme.
According to the indictment, Michael Alsina acted as a broker between his firearms suppliers and undercover officers, to whom he sold firearms and/or ammunition on ten occasions between June 22, 2019 and November 12, 2019. Luis Alsina provided the firearms and/or ammunition to Michael Alsina for seven of those ten sales and also sold firearms directly to undercover officers on three other occasions from June 22, 2019 through December 27, 2019.  Rafael Cruz supplied two firearms for sales brokered by Michael Alsina, while Josue Pagan-Adorno and Miguel Rodriguez transported firearms for sale to undercover officers.
The indictment also alleges that Luis Alsina and Michael Alsina combined to sell approximately 250 grams of heroin to undercover officers on four occasions spanning from August 7, 2019 through September 5, 2019.
The investigation resulted in the recovery of the following firearms and ammunition from the defendants:
  • Seven 9-millimeter semiautomatic pistols
  • Three .32 caliber revolvers (one inoperable)
  • Two 5.56-millimeter semiautomatic rifles (assault weapons)
  • One 7.62x39-millimeter semiautomatic rifle (assault weapon)
  • One .40 caliber Carbine (assault weapon)
  • One 7.62x39-millimeter single shot rifle
  • One .40 caliber semiautomatic pistol
  • One .380 caliber semiautomatic pistol
  • One .38 caliber revolver
  • 11 high-capacity ammunition feeding devices
  • One bullet-proof vest (uncharged)
  • Approximately 317 rounds of ammunition

The 107-count indictment — unsealed today before Bronx County Supreme Court Judge Ethan Greenberg — charged the five individuals with multiple crimes, including Criminal Sale of a Firearm in the Third Degree, Criminal Possession of a Weapon in the Second Degree, and Conspiracy in the Fourth Degree, among other charges. Luis Alsina and Michael Alsina were also charged with Criminal Sale of a Firearm in the First Degree, a Class B violent felony. If convicted of this crime, Luis Alsina and Michael Alsina face a maximum of 25 years in prison.  Miguel Rodriguez and Rafael Cruz each face a maximum of 15 years in prison if convicted, and Josue Pagan-Adorno faces a maximum of 7 years in prison if convicted.
Luis Alsina and Michael Alsina are also each charged with multiple offenses related to the sale of heroin, including Criminal Sale of a Controlled Substance in the First Degree. If convicted on these charges, they each face an additional maximum of 10 years in prison. 
Those charged in today’s indictment include:
LUIS ALSINA, 30, Bronx, New York;
MICHAEL ALSINA, 27, Bronx, New York;
MIGUEL RODRIGUEZ, 32, Bronx, New York;
JOSUE PAGAN-ADORNO, 29, Wilkes Barre, Pennsylvania;
RAFAEL CRUZ, 22, Bronx, New York.

Operation Iron Empire is the latest example of Attorney General James’ commitment to cracking down on illegal gun trafficking rings and taking these weapons off our streets. Just last week, the Attorney General’s Office arrested and charged several individuals for their roles in a separate gun trafficking ring operating on Long Island. That investigation resulted in the seizure of 32 firearms, including assault weapons, 18 high-capacity ammunition feeding devices, and more than one thousand rounds of ammunition.
“We will not tolerate illegal firearms getting into the hands of criminals," said Bronx District Attorney Darcel D. Clark. "Fortunately an undercover detective intercepted these weapons before they could do harm. My Office has prosecuted many traffickers who bring firearms from out of state, but this case shows there is much more to be done. I am proud to be a partner with Attorney General James and our local, state and federal law enforcement agencies to combat the flow of illegal guns into my county.”
“It is a fact, illegal drug trafficking and gun violence threaten the lives of New Yorkers,” said DEA Special Agent in Charge Ray Donovan. “As a result of this investigation we have taken 16 firearms, four assault weapons, and five gun and/or drug traffickers off the streets of the Bronx. I commend our state, local, and federal counterparts whose diligent efforts resulted in these arrests and seizures.” 
“This investigation uncovered a scheme to sell firearms illegally, without any regard for who might purchase the weapons or the intended use,” said New York State Police Superintendent Keith M. Corlett. “We have zero tolerance for those who willingly break the law while putting others in danger. I want to thank the Attorney General’s Office and our partners for their outstanding work.”
“This case highlights our continuing focus on keeping illegal firearms, and the threat they pose to the public, out of New York City,” said New York City Police Commissioner Dermot Shea. “I want to thank our NYPD investigators, and our federal and state partners, for working together to stop these defendants from allegedly selling guns and drugs on the streets of the Bronx.”
“The danger posed to our communities with the number of assault weapons, pistols and ammunition being trafficked through the Bronx is profound, and the risk to people’s lives was imminent,” said Peter C. Fitzhugh, Special Agent in Charge of HSI New York. “While guns continue to be bought and sold in the streets, HSI continues to work with our law enforcement partners to see that these guns are removed from neighborhoods and those involved in the trafficking are arrested and face prosecution for their actions.”
The Office of the Attorney General wishes to thank the members of the New York Drug Enforcement Task Force and the New York Strike Force for their partnership in this investigation. The New York Drug Enforcement Task Force comprises agents and officers of the U.S. Drug Enforcement Administration (DEA), New York State Police, and the New York City Police Department.
The New York Strike Force includes the New York Division of the DEA; the New York State Police; the New York City Police Department; Immigration and Customs Enforcement – Homeland Security Investigations; the U.S. Internal Revenue Service Criminal Investigation Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Customs and Border Protection; the U.S. Secret Service; the U.S. Marshals Service, the New York National Guard; the Clarkstown Police Department; the U.S. Coast Guard; the Port Washington Police Department; and the New York State Department of Corrections and Community Supervision.
The Office of the Attorney General also wishes to thank the Mt. Arlington, New Jersey Police Department for their valuable participation and assistance in this investigation.
The joint investigation with the DEA’s New York Field Division Organized Crime Drug Enforcement Strike Force was directed by OCTF Investigators Bradley Rutty, Angel Lopez, and Andrew Scala; with the assistance of the U.S. Army National Guard Counterdrug Task Force, and Supervising Investigator Paul Grzegorski, under the supervision of OCTF Assistant Chief John Sullivan and Deputy Chief Christopher Vasta. The Attorney General’s Investigations Division is led by Chief Oliver Pu-Folkes. 
The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty.
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Thursday, February 6, 2020

AG James, NY Strike Force Take Down Long Island Gun Trafficking Ring


Individuals Illegally Sold 32 Firearms, Including Assault Weapons, High-Capacity Ammunition Feeding Devices, and More Than One Thousand Rounds of Ammunition

 New York Attorney General Letitia James and the New York Strike Force today announced a 125-count indictment, charging four individuals for their roles in a gun trafficking operation that illegally sold 32 firearms on Long Island. The indictment — unsealed in Suffolk County Court today — charges Scotbert Green, James McNulty, Harold Lamm, and Carl Singer with trafficking numerous assault weapons, semiautomatic pistols, revolvers, high-capacity ammunition feeding devices, and more than one thousand rounds of ammunition.

“Illegal guns have no place in our homes or on our streets,” said Attorney General James. “These individuals put all of our communities at risk by allegedly trafficking dozens of guns, including assault weapons, from other states into New York. Our streets are a little safer tonight because of this investigation and I thank the New York Strike Force for their invaluable partnership.”
Some of the assault weapons, semiautomatic pistols, revolvers, high-capacity ammunition feeding devices, and more than one thousand rounds of ammunition recovered through this gun trafficking operation.
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 Some of the assault weapons, semiautomatic pistols, revolvers, high-capacity ammunition feeding devices, and more than one thousand rounds of ammunition recovered through this gun trafficking operation.
Today’s take down was the result of a joint investigation between the Attorney General’s Organized Crime Task Force (OCTF) and the New York Strike Force — a crime-fighting unit comprising federal, state, and local law enforcement agencies, supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area.
The investigation — dubbed “Operation Silence of the Lamm” after one of the defendants — included the use of physical surveillance, electronic surveillance, and undercover operations. During the course of the recorded transactions, the defendants repeatedly referenced their ability to obtain guns from other states and bring them into New York to be sold. The four defendants were charged with Criminal Sale of a Firearm, Criminal Possession of a Weapon, and Conspiracy for their participation in the illegal gun trafficking operation. 
According to the indictment, Scotbert Green acted as a broker between his firearms suppliers, James McNulty and Carl Singer, and sold firearms and ammunition to undercover officers on nine occasions between January 28, 2019 and June 26, 2019. Similarly, McNulty obtained firearms from his supplier, Harold Lamm, and sold numerous firearms and ammunition to undercover officers on five occasions between April 4, 2019 and October 24, 2019. 
In a separate 28-count indictment, McNulty is also charged with selling an additional seven firearms, including an assault weapon, four high-capacity ammunition feeding devices, and ammunition to an undercover officer on January 27, 2020.
The investigation resulted in the recovery of the following firearms and ammunition from the defendants:
Seven 9-millimeter semiautomatic pistols
Seven .45 caliber semiautomatic pistols
Four .40 caliber semiautomatic pistols
Four .380 caliber semiautomatic pistols
Two .32 caliber semiautomatic pistols
Two .38 caliber revolvers
One .410-gauge revolver
One .44 magnum revolver
One .44 special caliber revolver
One .9-millimeter semiautomatic rifle (assault weapon)
One 9-millimeter semiautomatic pistol (assault weapon)
One .455 caliber revolver – inoperable
One .357 caliber revolver
One 12-gauge shotgun – not chargeable
1,063 rounds of ammunition
18 high-capacity ammunition feeding devices

The 125-count indictment — unsealed today in Suffolk County Court — charged the four individuals with 12 crimes, including Criminal Sale of a Firearm in the Second Degree, Criminal Possession of a Weapon in the Second Degree, and Conspiracy in the Fourth Degree, among other charges. Green, McNulty, and Lamm were also charged with Criminal Sale of a Firearm in the First Degree, a Class B violent felony. If convicted, Green, McNulty, and Lamm face a maximum of 25 years in prison, and Singer faces a maximum of 15 years in prison.
The separate 28-count indictment against McNulty — also unsealed today — charged McNulty with Criminal Sale of a Firearm in the Second Degree, Criminal Possession of a Weapon in the Second Degree, among other charges. If convicted on this indictment, McNulty faces an additional maximum of 15 years in prison.  
Those charged in today’s indictment include:
SCOTBERT GREEN, 63, of Brentwood, New York;
JAMES MCNULTY, 33, of Deer Park, New York;
HAROLD LAMM, 36, of Deer Park, New York;
CARL SINGER, 89, of Islandia, New York;

"Gun traffickers invade our communities by putting weapons in the wrong hands for the wrong reasons," said DEA Special Agent in Charge Ray Donovan. "By seizing 32 illegal guns from the streets of Long Island, we are making our communities safer from gun-related crime and violence. I applaud the men and women whose diligent work led to these arrests and seizures.”
“The four suspects who were running this illegal gun trafficking operation had absolutely no regard for the potential damage that could have been inflicted if these firearms ended up in the wrong hands,” said State Police Superintendent Keith M. Corlett. “I commend our members and all our partners for their outstanding work on this case. Taking these firearms off the streets prevented future crimes and may have saved lives.”
“I would like to thank Attorney General James and the NY Strike Force for bringing down this gun trafficking ring and seizing dozens of guns that were destined for communities here on Long Island,” said Suffolk County Executive Steve Bellone. “This investigation sends a strong message about our unrelenting commitment to reducing firearm violence in Suffolk County and keeping illegal weapons off of our streets.”
“When law enforcement investigates criminals who are illegally selling firearms, they are putting themselves in harm’s way in order to prevent these weapons from ending up in the wrong hands,” said Suffolk County District Attorney Timothy Sini. “Illegal gun trafficking — particularly the illegal sale of assault weapons — can have deadly consequences, which is why every time an illegal trafficking operation is shut down, it has potentially saved lives. I thank Attorney General James, the New York Strike Force and all of the partnering agencies involved in this investigation for their vigilance in targeting gun traffickers and continuing to keep Suffolk County safe.”
“The number of firearms, to include automatic weapons, that were seized during this operation is a clear representation of the potential violence that the alleged gun traffickers were ready to contribute to,” said Peter C. Fitzhugh, Special Agent in Charge of HSI New York. “HSI, along with its law enforcement partners, prioritize the safety of our citizens and will aggressively pursue investigations into those who are willing to supply dangerous weapons contrary to the law.”
The Office of the Attorney General wishes to thank the members of the New York Strike Force for their partnership in this investigation, including the New York Division of the Drug Enforcement Administration (DEA); the New York State Police; the New York City Police Department; Immigration and Customs Enforcement – Homeland Security Investigations; the U.S. Internal Revenue Service Criminal Investigation Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Customs and Border Protection; the U.S. Secret Service; the U.S. Marshals Service, the New York National Guard; the Clarkstown Police Department; the U.S. Coast Guard; the Port Washington Police Department; and the New York State Department of Corrections and Community Supervision.
The Office of the Attorney General also wishes to thank the Suffolk County Police Department, the Suffolk County District Attorney’s Office, and members of the DEA’s New York Drug Enforcement Task Force for their valuable participation and assistance in this investigation.
The joint investigation with the Drug Enforcement Administration’s New York Field Division Organized Crime Drug Enforcement Strike Force was directed by OCTF Investigators Bradley Rutty and Andrew Scala, the U.S. Army National Guard Counterdrug Task Force, and Supervising Investigator Paul Grzegorski, under the supervision of OCTF Assistant Chief John Sullivan and Deputy Chief Christopher Vasta. The Attorney General’s Investigations Division is led by Chief Oliver Pu-Folkes. .
The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Additional photos of firearms and ammunition recovered:
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Wednesday, December 18, 2019

AG James, Comptroller Stringer, And 32Bj President Bragg Return More Than $400,000 In Recovered Wages To Building Service Workers


AG James, Comptroller Stringer, And 32Bj President Bragg Return More Than $400,000 In Recovered Wages To Building Service Workers


  Attorney General Letitia James, New York City Comptroller Scott Stringer, and 32BJ SEIU President Kyle Bragg today distributed more than $400,000 in back wage plus interest to 11 building service employees who were cheated out of their prevailing wages for work at a luxury apartment building in Downtown Brooklyn. In November 2019, Attorney General James and Comptroller Stringer announced a historic $2.9 million settlement with the developers and landlords of 180 Nassau Street, Brooklyn Warehouse 180 LLC and Mica Gabe Brooklyn LLC, for willfully violating prevailing wage requirements under the New York State Section 421-a tax exemption program by underpaying building service employees and withholding supplemental benefits. The workers at the building were represented by whistleblower 32BJ SEIU, who notified the Attorney General’s Office and the City Comptroller’s Office about the violations.

The settlement, which provided recompense for the building service employees, was approved by the Department of Housing Preservation and Development (HPD), which administers the tax exemption program in the City of New York. The 11 workers received various amounts based upon their hours worked and date of hire, ranging from $5,500 to $80,000. 
“There is zero tolerance for cheating workers out of their hard-earned pay,” said Attorney General James. “As a result of our investigation, we were able to secure hundreds of thousands of dollars for these workers – payment that they should have received long ago. I thank the Comptroller and 32BJ for their partnership in holding these bad actors accountable and ensuring that our workers get the pay they deserve.”
“In New York City, the dignity of work matters and we will never stand idle when hard-working New Yorkers are exploited or underpaid,” said Comptroller Stringer. “Today, these 32BJ SEIU members received the wages they earned and the justice they deserve – and we’re sending a clear message to unscrupulous developers, contractors and landlords that they better follow the rules when they get millions of dollars in property tax breaks. I am proud of the collaborative effort between my office, the Attorney General’s Office, HPD and 32 BJ SEIU, which allowed us to recover these wages and put them back where they belong — in the hands of working New Yorkers to provide for their families, just in time for the holidays.”
A joint investigation conducted by the Office of the New York Attorney General and the Office of the New York City Comptroller revealed that, in 2014, defendant Mica Gabe fraudulently induced the New York City Department of Housing Preservation and Development (HPD) to issue a Section 421-a partial tax exemption for the Brooklyn property, based on Mica Gabe’s false assurance that building service employees would be paid prevailing wages, but the two defendants failed to pay the applicable wages to employees between August 2014 and March 2016. In fact, less than two weeks after certifying to HPD that they would pay the building service employees prevailing wages, Mica Gabe began hiring doormen, porters, and a superintendent for the 180 Nassau Street property and paying them wages lower than required by law.
"Attorney General James, Comptroller Stringer, we thank you for upholding the law on behalf of working New Yorkers,” said 32BJ SEIU President Kyle Bragg. “This is a huge victory, not only for the hardworking men and women who have kept Brooklyn Warehouse clean, safe and functioning for tenants, but also for the families and communities that rely on them. The back wages will help Brooklyn Warehouse’s concierge, superintendent, doormen, porters and other building service workers get back on their feet after being grossly underpaid. This also sends a clear message to employers across the city that workers’ wages and benefits must be paid properly. It’s not an option to break the law at the expense of working people in our state."
“Today, these workers who were not given their due were made whole thanks to the City and State’s joint enforcement efforts,” New York City Department of Housing Preservation and Development Commissioner Louise Carroll said. “I commend the Office of the Attorney General and the Comptroller for their work to do right by this city’s workers and ensure that property owners across New York know that if they violate the law there will be consequences.”
Section 421-a of the New York Real Property Tax Law grants tax breaks on certain new multi-unit residential buildings. To qualify, Section 421-a requires that any project receiving the tax exemption be subject to local rent stabilization laws and — where projects contain at least 30 units — requires developers to either pay prevailing wages to building service workers or set aside a number of affordable housing units. 
For their violations of Section 421-a and the New York False Claims Act, the two defendants paid the full back wages to workers, along with 16-percent interest, in addition to over $2.5 million in damages to the city and state. Union 32BJ SEIU, the whistleblower that came forward to report the fraud, also received a percentage of the damages to be paid.
In connection with the November 2019 settlement, the defendants admitted to violating the New York False Claims Act, as well as a willful violation of the Section 421-a prevailing wage regulations. In addition, Brooklyn Warehouse is required to ensure that the prevailing wage regulations are followed in the future by providing the Office of the Attorney General with annual wage reports, and must show that any subsequent purchaser has agreed to comply with the prevailing wage requirements of Section 421-a.
The 10-story luxury apartment building at 180 Nassau Street in Downtown Brooklyn includes 103 luxury rental units with a 24-hour concierge-attended lobby, as well as a superintendent, doormen, porters, and other building service employees who service and maintain the property.
The Office of the New York Attorney General wishes to thank the Office of the New York City Comptroller, the New York City Department of Housing Preservation and Development, and Corporation Counsel for their valuable assistance in this investigation. The investigation began after local union 32BJ SEIU notified the Attorney General's Office of the underpayment of wages and fraudulent inducement of Section 421-a tax exemptions, filing a suit under the New York False Claims Act.

Thursday, October 24, 2019

AG James, States Reach Settlement With Reckitt Over Allegations Of Improper Marketing Of Suboxone


  Attorney General Letitia James announced that New York and other states have reached an agreement with the pharmaceutical distributor Reckitt Benckiser Group (“Reckitt”) to settle allegations that the company improperly marketed and promoted the drug Suboxone, resulting in improper expenditure of state Medicaid funds. Reckitt will pay $700 million to the settle the allegations, including those it settled with the U.S. earlier this year. As part of the agreement, New York’s Medicaid program will receive more than $71.9 million in recoveries, with more than $39.9 million being returned to New York State. 

“Pharmaceutical companies have a basic duty to ensure that they are properly disclosing and marketing powerful drugs,” said Attorney General Letitia James. “Reckitt misled the public about the real impacts of Suboxone and encouraged physicians to wrongly prescribe it, while cheating New York out of tens of millions of dollars in the process. No company is above the law and we will continue to take on anyone who takes advantage of the opioid crisis to increase their bottom line.” 
Suboxone is a drug product approved for use to treat opioid addiction to avoid or reduce withdrawal symptoms while undergoing treatment. Suboxone and its active ingredient, buprenorphine, are powerful and addictive opioids. Reckitt has paid a total of $700 million to resolve various civil fraud allegations impacting Medicaid and other government healthcare programs, of which over $400 million will go to the Medicaid programs. New York’s Medicaid Program will receive $71,953,065.74 in recoveries from Reckitt with $39,941,582.30 being returned to the State. To resolve its potential criminal liability stemming from conduct alleged in the indictment of Indivior, Inc., Reckitt has entered into a separate non-prosecution agreement.  
The civil settlement resolves allegations that, from 2010 through 2014, Reckitt, directly or through its subsidiaries, knowingly: 
  • Promoted the sale and use of Suboxone to physicians who were writing prescriptions to patients without any counseling or psychosocial support, such that the prescriptions were not for a medically accepted indication and for uses that were unsafe, ineffective, and medically unnecessary and that were often diverted for uses that lacked a legitimate medical purpose; 
  • Promoted the sale or use of Suboxone Sublingual Film based on false and misleading claims that Suboxone Sublingual Film was less subject to diversion and abuse than other buprenorphine products and that Suboxone Sublingual Film was less susceptible to accidental pediatric exposure than Suboxone Sublingual Tablets; 
  • Submitted a petition to the Food and Drug Administration on September 25, 2012, fraudulently claiming that it had discontinued manufacturing and selling Suboxone Sublingual Tablet “due to safety concerns” about the tablet formulation of the drug; 
  • Took other steps to fraudulently delay the entry of generic competition for various forms of Suboxone in order to improperly control pricing of Suboxone, including pricing to federal healthcare programs. 
The civil settlement resolves the claims against Reckitt brought in six qui tam lawsuits pending in federal courts in the Western District of Virginia and the District of New Jersey.  
A National Association of Medicaid Fraud Control Units (NAMFCU) team participated in the investigation and in settlement negotiations. The team included representatives from the New York Attorney General’s Office, in addition to representatives from the attorneys general of California, Indiana, Ohio, Virginia, and Washington.