Litigating New York State False Claims Act Cases (2012)

The New York State False Claims Act is a powerful weapon in the State's fight against fraud on the government. This statute, one of the most robust of its kind in the country, empowers the Attorney General, local governments and private individuals to bring a civil lawsuit – on behalf of the government – against any person or entity that defrauds the government. The consequences are significant: defendants are potentially liable for three times the financial loss from the fraud as well as civil penalties. Private citizens who bring successful qui tam actions under New York's False Claims Act can receive up to 30% of the recovery, in addition to their attorney's fees and expenses. Notably, New York's statute applies to not only Medicaid and other types of fraud where government dollars are involved, but also to tax fraud, which the Federal False Claims Act and many state false claims acts specifically exclude. The New York False Claims Act adopts a fundamentally different approach to fighting tax fraud than the one found in the federal IRS Whistleblower program.

This program recording covers:

• The history of the New York State False Claims Act, its specific provisions and recent amendments;

• The New York State Attorney General-s Office Taxpayer Protection Bureau and how it, along with New York-s Medicaid Fraud Control Unit, use the New York False Claims Act to combat fraud in all areas involving government dollars, including: taxes, construction programs, labor issues, school programs, pension funds, securities, and the environment, among others;

• How to effectively defend a client in a False Claims Act case in New York State; and

• Best practices and ethical considerations when pursuing and defending cases under the New York False Claims Act.

Faculty members include key government attorneys involved in investigating and pursuing these cases, as well as experienced private sector practitioners who represent whistleblower plaintiffs and corporate defendants.

Program Contents

• Basic Provisions of the New York State False Claims Act

• Medicaid Fraud Control Unit

• Taxpayer Protection Bureau

• Perspectives of a Whistleblower Counsel

• Defending a False Claims Act Case

• Ethical Considerations

Program Faculty

Program Co-Chairs:

Hon. Margaret J. Finerty
Getnick & Getnick LLP
New York City

Neil V. Getnick, Esq.
Getnick & Getnick LLP
New York City

Richard J. Dircks, Esq.
Getnick & Getnick LLP
New York City

Speakers:

Robin L. Baker, Esq.
WilmerHale
New York City

Hon. Margaret J. Finerty
Getnick & Getnick LLP
New York City

Randall M. Fox, Esq.
Bureau Chief, Taxpayer Protection Bureau
Office of the New York Attorney General
New York City

Neil V. Getnick, Esq.
Getnick & Getnick LLP
New York City

David A. Koenigsberg, Esq.
Menz Bonner Komar & Koenigsberg LLP
New York City

Gregory M. Krakower, Esq.
Senior Advisor & Counselor to the Attorney General
Office of the New York Attorney General
New York City

Jay S. Speers, Esq.
Special Assistant Attorney General
New York Medicaid Fraud Control Unit
New York City

Marie D. Spencer, Esq.
Special Assistant Attorney General
New York Medicaid Fraud Control Unit
New York City

Nicholas Suplina, Esq.
Assistant Attorney General, Taxpayer Protection Bureau
Office of the New York Attorney General
New York City

Stephen A. Warnke, Esq.
Ropes & Gray LLP
New York City

Total MCLE Credits 4.5
Ethics MCLE Credits 1.0

This archived webcast is a video online program that you will view and listen to on your computer screen.

Total Credits: 4.50 | Ethics: 1.00, Areas of Professional Practice: 3.50