[1] Marc S. Raspanti & Pamela C. Brecht, The ‘New’ New Jersey False Claims Act: It Was Born to Run, The Legal Intelligencer (July 6-9, 2009), http://www.falseclaimsact.com/wp-content/uploads/2013/02/born_to_run_article-_msr.pdf.[2] N.J.S.A. § 2A:32C-1 through 18.[3] Between 15% and 25% of the proceeds if the government intervenes, and 25% to 30% if the government does not intervene. N.J.S.A. § 2A:32C-7.[4]N.J.S.A. § 2A:32C-18 (P.L.2009, c.265, amending and supplementing P.L.2007, c.265).
5 et seq (general statute).[10] Iowa Code §§ 685.1 et seq.[11] Md. Code Ann. §§ § 2-601 et seq.[12] Mass. Gen. Laws. ch. 12 §§ 5 et seq.[13] Minn. Stat. §§ 15C.01 et seq.[14] Mont. Code Ann. §§ 17-8-401 et seq.[15] Nev. Rev. Stat. §§ 357.010 et seq.[16] N.J. Stat. Ann. §§ 2A:32C-1 et seq.[17] N.M. Stat. §§ 27-14-1 et seq. (for Medicaid claims); N.M. Stat. Ann. §§ 44-9-1 et seq. (general statute).[18] N.Y. State Fin. Law §§ 187 et seq.[19] N.C. Gen. Stat. §§ 1-605 et seq.[20] R.I. Gen. Laws §§ 9-1.1-1 et seq.[21] Tenn. Code Ann. §§ 71-5-181 et seq. (for Medicaid claims); Tenn. Code Ann. §§ 4-18-101 et seq. (general statute).
Div. 2018). Judge Hoffman authored this opinion, which affirmed the dismissal of a qui tam action under the False Claims Act, N.J.S.A. 2A:32C-1 to -18, against defendant, a frequent candidate for public office. Plaintiff alleged that defendant had submitted a false statement in a request for public campaign funds.
Div. 2017). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -18 (“NJFCA”), encourages lawsuits by private parties, known as relators, in the interest of the State of New Jersey, to help the State recoup monies wrongly taken from or not paid to the State. But the NJFCA expressly excludes “claims, records, or statements made in connection with State tax laws.” The qui tam complaint in today’s opinion by Judge Rothstadt alleged that defendants, who were “out-of-state credit card processors who served New Jersey based hotels … violated the NJFCA by making false statements in order to avoid paying New Jersey ‘assessments, fees, license costs and other charges.”
Div. 2016). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17, and -18 (“NJFCA”), encourages private parties to file, under seal, qui tam actions on behalf of the State of New Jersey for violations of the FCA, and allows the New Jersey Attorney General to intervene in such an action and take over its prosecution. The NJFCA authorizes the Attorney General to issue subpoenas.
The Odumosu complaint advances retaliation claims under state and federal law. McCray alleges that false claims were also submitted in violation of several state laws: the California False Claims Act, Cal. Gov. Code §12650, et. seq., the Colorado Medicaid False Claims Act, Colo. Rev. Stat. §25.5-4-303.5, et. seq., the Connecticut False Claims Act for Medical Assistance Programs, Conn. Gen. Stat. §17b-301(a), et. seq., the Florida False Claims Act, Fla. Stat. Ann. §68.081, et. seq., the Illinois Whistleblower Reward and Protection Act, 740 ILCS 175/1, et. seq., the Louisiana False Claims Act/Medical Assistance Program Integrity Law, La. Rev. Stat. §46.437.1, et. seq., the Massachusetts False Claims Act, Mass. Gen. Laws §5A, et. seq., the New Jersey False Claims Act, N.J. Stat. §2A:32C-1, et. seq., the New York False Claims Act, N.Y. Fin. Law §187, et. seq., the North Carolina False Claims Act, N.C. Gen. Stat. §108A-70-10, et. seq., the Texas Medicaid Fraud Prevention Action, Tex. Hum. Res. Code §36.001, et. seq., the Virginia Fraud Against Taxpayers Act, Va. Stat. §8.01-216.1, and the Washington State Medicaid Fraud False Claims Act, Wash. Rev. Code §74.66.05, et. seq.Name of Relators: Yvette Odumosu and Sheila McCrayDefendant’s Business: Pediatric Services of America (“PSA”) provides home health care and related services for medically fragile children.Relator’s Relationship to Defendant: Former employeesRelator’s Counsel: Law Offices of Michika Reynolds-Quillin (Odumosu); Gamble Law LLC (McCray)Summary of Case: Relator Odumosu was employed as the Director of Clinical Nursing at one of PSA’s facilities.
Div. 2011). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15 and -17 to -18, was enacted on January 13, 2008. That statute provided that it “shall take effect on the 60th day after enactment.”