On Friday, the Washington Post did a story about one of my cases that was unsealed during the week–the case is captioned Commonwealth of Virginia ex rel FX Analytics v. Bank of New York Mellon Corporation.
Perhaps most important, the Washington Post story demonstrated the importance of the legislation currently pending before the Virginia state Senate. Specifically, SB 1314 and SB 831 should be defeated in the Senate Courts of Justice subcommittee.
On the other hand, SB 1262, introduced by Sen. Vogel should and sponsored in the House of Delegates by Greg Habeeb, should be reported out of Committee and passed by the Senate.
As the AG himself says in the Post, he used the powers granted to him under the civil investigative demand provisions of the VFATA to investigate the case against Bank of New York Mellon Corporation. Based on his investigation, and on the information provided by the relator, the Attorney General was able to determine that he should intervene in the case.
Consider this: SB 1314, which was introduced by Sen. McEachin, does just one thing–it strips the Attorney General of his ability to issue civil investigative demands under the Virginia Fraud Against Taxpayers Act. If Sen. McEachin had his way, it would have been impossible for the AG to conduct an investigation of the case.
SB 831 is a little less offensive, as it just strips the AG of his ability to issue a CID to an institution of higher learning, or something like that. This would still be a bad idea, as discussed earlier .
It appears that the hearings on these three Senate bills, which was scheduled for last Friday, has been rescheduled for this Monday at 9:00 AM. I have already submitted my testimony, and I encourage other readers to attend in person and testify in support of the bill.
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Washington Post Announces Attorney General Ken Cuccinelli’s Intervention in Virginia Fraud Against Taxpayers Act Case
By Zachary Kitts on January 30, 2011 in False Claims Act Practice in Virginia, Office of the Attorney General of Virginia, Potential Uses of the Virginia Fraud Against Taxpayers Act, Qui Tam practice in Virginia, State False Claims Act News, Virginia Fraud Against Taxpayers Act, Virginia Whistleblowers
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