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NY State AG Targets Private Equity for Tax Related FCA Violations

Client Alert | 1 min read | 04.20.17

On April 18, the New York Attorney General’s Office announced a $40 million settlement with a hedge fund under the state’s False Claims Act, arising out of whistleblower allegations that members of the fund’s investment manager failed to pay millions in New York State tax on performance income for several years. According to the AG, the settlement reflects “the largest tax-related recovery by the Attorney General’s office resulting from an action filed under the New York False Claims Act.” As firms evaluate their exposure to state-level FCA claims, it is worth noting that the state’s FCA was amended several years ago to cover tax claims, in a bill sponsored by the current AG.

Insights

Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...