Showing posts with label state attorney general. Show all posts
Showing posts with label state attorney general. Show all posts

Health care giant Centene to pay Washington $19 million for overcharging state Medicaid program

Sunday, September 4, 2022

Fortune 50 company allegedly overcharged for pharmacy benefit management services

SEATTLE — Attorney General Bob Ferguson and the Washington State Health Care Authority announced that managed health care giant Centene will pay $19 million to Washington state. The payment resolves allegations that the Fortune 50 company overcharged the state Medicaid program for pharmacy benefit management services.

The resolution is the second-largest Medicaid fraud recovery for Washington state.

The Health Care Authority (HCA) contracts with managed care organizations like Coordinated Care of Washington, a Centene subsidiary, to manage its Medicaid program. Coordinated Care of Washington in turn contracts with pharmacy benefit managers, or PBMs, that negotiate prescription drug prices and other pharmacy related costs, including negotiating rebates and discounts on the cost of drugs.

The Attorney General’s Office and HCA’s Program Integrity Team began investigating pharmacy benefit managers in 2019 after a whistleblower provided information that they were failing to disclose true pharmacy benefits and services costs. 

Centene allegedly failed to pass on discounts it received to the state Medicaid program and inflated dispensing fees. The whistleblower later filed a separate claim against Centene.

The resolution was the result of a joint investigation conducted by the Washington Attorney General’s Office’s Medicaid Fraud Control Division and the Health Care Authority.

More information here



Read more...

AG Ferguson announces Assistant Attorney General Morgan Damerow as new Open Government Ombuds

Saturday, September 3, 2022

OLYMPIA — Attorney General Bob Ferguson announced today he has selected Assistant Attorney General Morgan Damerow as the Attorney General’s Office Open Government Ombuds.

State open government laws exist to promote democracy and ensure that the government is transparent to the individuals it serves. To hold government accountable, the public must be able to stay informed of their government’s activities and how it is exercising the powers they have given to it.

“Open government is vital to a free and informed democracy,” Ferguson said. “The Attorney General’s Office created the Ombuds position to help the public and elected officials navigate complex systems for public records. Morgan has played a critical role in this open government work for years. He will continue to help Washingtonians better understand how their governments operate.”

For the previous two years, a team of Assistant Attorneys General performed the Ombuds’ duties. That team included Morgan Damerow and one of the Deputy Attorneys General who serves on the office’s Core Leadership Team.

During this period, the Attorney General’s Office:
  • Led more than a dozen Open Public Meetings Act trainings across the state with more than 1,000 individuals attending — primarily elected officials;
  • Conducted 263 public records trainings — for example, “Public Records Act University” and “Public Records Act Boot Camp” — across the state and to more than 15,600 attendees;
  • Answered more than 200 queries from the public regarding open meetings and public records;
  • Assisted with more than 800 requests from local governments for public records and meetings assistance; and
  • Public Records and Open Public Meetings, the Open Government Resource Manual and other training materials.

The Ombuds can provide guidance to the public and elected officials regarding open meetings and public records. You can contact the Ombuds by email at AGOOmbuds@atg.wa.gov or by phone at 360-570-3418.

More information here



Read more...

AG Ferguson argues Idaho’s near-total abortion ban violates federal law

Wednesday, August 17, 2022

Attorney General Bob Ferguson today joined a coalition of 21 attorneys general to file a friend of the court brief supporting the U.S. Department of Justice’s lawsuit challenging Idaho’s restrictive new abortion law. The law is set to go into effect later this month.
 
The lawsuit asserts that because Idaho’s law does not have adequate exemptions for emergency, lifesaving care to protect the health of pregnant people, it violates the federal Emergency Medical Treatment and Labor Act (EMTALA). 

EMTALA requires hospitals to provide emergency care to all patients. Patients cannot be turned away or denied care until they are stabilized. In some cases, such lifesaving care may include abortion care — for example, when a patient is experiencing an ectopic pregnancy, a miscarriage or other pregnancy complications.

Ferguson argues that Washington’s health care system will be further strained by an influx of patients traveling to Washington for health care that will be prohibited in Idaho. Ferguson also argues that Idaho’s restrictive new law denies Washingtonians federally required emergency care if they are in Idaho as students, workers or visitors.

"We are already seeing a significant influx of Idahoans seeking abortion services in Washington, and that will only increase with this new, restrictive law,” Ferguson said. 
“What happens in Idaho directly impacts Washington. Not only is Idaho’s near-total ban on abortion wrong, it violates federal law.”

Ferguson also joined a second friend of the court brief today defending EMTALA in a case filed by the state of Texas and several anti-abortion organizations challenging the federal government’s ability to enforce the federal law in Texas.

Texas’ lawsuit seeks to block enforcement of guidance from the federal Centers for Medicare & Medicaid Services and the Department of Health & Human Services reminding hospitals of their obligations under EMTALA.

More information here



Read more...

AG Ferguson: Court rules Navy failed to consider the damaging impacts of its Growler jet program

Saturday, August 6, 2022

Growlers over Shoreline. Photo by Jan Hansen
Navy unlawfully expanded its Growler program without considering impacts of frequent, noisy flights

SEATTLE — A federal judge ruled that the U.S. Navy’s environmental review process for the Growler jet program expansion on Whidbey Island illegally failed to analyze the impacts of the noisy, often low-flying jets on classroom learning and local birds — a violation of the National Environmental Policy Act. This is the latest legal setback for the Navy in Attorney General Bob Ferguson’s lawsuit challenging the Whidbey Island Growler expansion.

The Attorney General’s Office is challenging the Navy’s March 2019 decision to authorize a significant expansion of its Growler program, increasing flight operations on Whidbey Island to more than 110,000 per year.

“The Navy has an important job,” Ferguson said. “But that does not relieve the federal government of its obligation to follow the law and take a hard look at the public health and environmental impacts of its programs. Today the judge ruled that the Navy fell short of its obligation.”

More information here



Read more...

AG Ferguson: Latest action in statewide initiative to reform towing industry and protect active duty service members’ rights

Thursday, August 4, 2022

VANCOUVER — Attorney General Bob Ferguson announced today a court order will require Chuck’s Towing, a Clark County towing company, to pay three service members for illegally selling their cars at auction. 

The order also requires it to implement specific policies so it will not harm service members in the future.

The case is part of Ferguson’s ongoing Military and Veterans Initiative to stand up for Washington’s active-duty service members and veterans. 

It involves engaging and educating service members and veterans about their rights and the resources available to them, vigorously enforcing the legal protections within the Attorney General’s authority and promoting and facilitating access to civil legal services.

Through the Initiative, Ferguson is working to reform Washington’s towing industry to ensure that tow companies comply with legal protections for active duty military.

More information here



Read more...

Three cold cases solved with assist from Attorney General’s DNA forensic genetic genealogy program

Friday, July 15, 2022

Attorney General Bob Ferguson announced this week that his office’s DNA forensic genetic genealogy program has now helped solve three cold cases, including one with multiple victims:
  • A 2003 violent rape of a 17 year-old in McCleary, WA;
  • 2003 and 2004 violent home invasion sexual assaults in Pullman, WA; and
  • A 1995 murder in Kitsap County.

Before Ferguson’s office got involved, these cases did not have active leads. The DNA profiles had been uploaded to CODIS, the national criminal DNA database, with no results.

On July 8, 2022 a Grays Harbor County Superior Court judge sentenced Paul J. Bieker to 30 years in prison for the 2003 abduction and rape of a teenage girl. After a three-day trial, a jury convicted the 51-year-old of felony rape in the first degree with deliberate cruelty. The case was the first conviction and sentencing resulting from funds the Attorney General’s Office provided for forensic genetic genealogy research to help solve a sexually motivated cold case.

On the same day, Kenneth Downing pleaded guilty in Whitman County to four counts of rape in the first degree and one count of assault in the second degree with sexual motivation. Downing committed two Pullman home invasions in 2003 and 2004, both resulting in violent rapes. Forensic genetic genealogy connected Downing’s DNA to the DNA evidence collected from both sexual assault cases.

In March, law enforcement in Kitsap County tied a 1995 murder to now-deceased Douglas K. Krohne with assistance from the Attorney General’s forensic genetic genealogy program.

“This sends a message to survivors that we will not give up on cold cases,” Ferguson said. "My office will continue this initiative to help law enforcement close these cases.”


Ferguson’s forensic genetic genealogy program has assisted with 23 cold case investigations to date. Three cases have been solved with the assistance of this program, and the leads generated by the program may result in future arrests and convictions in the other 20 cases. The program is part of the Attorney General’s Sexual Assault Kit Initiative.

The Attorney General’s Office dedicated $292,275 to assist local law enforcement agencies with felony cold case investigations through forensic genetic genealogy testing. These resources are reserved for unsolved cold cases of felony crimes with a sexual motivation. Moreover, to be eligible, the cases must have no active leads and no CODIS matches.

To date, the Attorney General’s Office provided approximately $120,000 to local law enforcement agencies for testing. Ferguson’s Office has approximately $170,000 remaining to assist agencies with additional cold cases.

A 2003 rape without a named suspect

The Grays Harbor County Sheriff's Office first investigated the rape of a teenage girl in March 2003. The assailant abducted the girl, then 17-years-old, after she parked her car at home in McCleary, according to the initial 2010 arrest warrant. He taped her head and hands then bound her legs and put her in the trunk of her own car. He drove her to a remote location where he raped her.

He put her back in the car and drove her back to near her home. He told her that if she told anyone about what happened that “her dad would be dead and the house would be burned down and the rest of her life would be miserable.” He cut the ties from her wrist then left her. She was eventually able to drive herself back to her home.

Her father was at home and told law enforcement officers that she had duct tape on her and nylon wire tied around her ankles. He cut the ties then she locked the door and closed the windows out of fear that Bieker was watching them. She told her father what happened and he notified law enforcement.

Police officers examined her and took evidence from her. They compared the genetic evidence to databases available at the time but found no matches.

As there was no suspect at the time, the county issued an arrest warrant for a “John Doe” and the case went cold.

Grays Harbor County receives assist from Attorney General’s forensic genetic genealogy program

In 2020, a detective from the county sheriff’s office approached the Attorney General’s Office requesting funding for forensic genetic genealogical testing of the 2003 crime scene DNA. The Attorney General’s Office agreed to provide the resources and assist the sheriff’s office with the case.

The Attorney General’s Office paid $5,000 to send Bieker’s DNA to a private laboratory for genealogical testing. The main database used by law enforcement, the Combined DNA Index System (CODIS), is limited by only having DNA from convicted offenders. Bieker had no prior convictions, so his information was not in CODIS.

Grays Harbor County law enforcement officers sent the assailant’s DNA evidence to DNA Labs International, which outsourced the creation of the DNA profile used for forensic genetic genealogy. DNA Labs International then uploaded that profile into a public database managed by GEDMatch and Family Tree DNA and created family trees. DNA Labs International genealogists provided the names of individuals who were potentially the suspect to Grays Harbor County law enforcement. One of those names was Bieker, who also lived in McCleary and near the survivor’s home at the time of the rape.

These details provide an active lead for law enforcement to investigate. Information from a genetic genealogy company does not provide grounds for an arrest by itself. Grays Harbor County law enforcement had to independently match Bieker’s DNA to the evidence collected from the crime scene. Grays Harbor County detectives then followed Bieker and collected a DNA sample after he left it at a public location.

The Washington State Patrol Crime Lab confirmed the DNA results were a match to the 2003 crime scene. The match was so solid that a June 15, 2021 motion to the court notes the chances of it not being Bieker were “one in 35 quadrillion.”

Grays Harbor County detectives then arrested Bieker in McCleary and charged him with the 2003 crime.

Forensic genetic genealogy program helps lead to Kenneth Downing’s arrest and guilty plea for two Pullman home invasions

After receiving funding from the Attorney General’s Office for forensic genetic genealogy testing, Spokane police arrested Kenneth Downing ofElk, WA in March for two home invasions and multiple rapes.

In 2003, a man broke into a home in Pullman and threatened a woman at gunpoint. He sexually assaulted her three times. At one point, she said the attacker made small talk and asked about her pets. Then in 2004, a man broke into an apartment, where two women were inside. The man, who had a gun, tied up one roommate and raped the other.

Forensic genetic genealogy testing helped match Downing’s DNA to the evidence in both cases. On July 8, 2022, Downing pleaded guilty to four counts of rape in the first degree and one count of assault in the second degree with sexual motivation. A Whitman County Superior Court judge will sentence him on August 19 and he faces a standard sentencing range of between 17 to 23 years in prison.

Forensic genetic genealogy program helps solve 1995 murder in Kitsap County

Also in March, the Kitsap County Sheriff’s Office announced a match for the DNA left behind by the killer of 61-year-old Patricia Lorraine Barnes, who was murdered in 1995. A cigarette butt left at the scene provided a DNA sample, but no matches until forensic genetic genealogy testing in late 2021.

Police found Barnes without clothing and partially covered by a sleeping bag in a ditch in South Kitsap County. She had two bullet wounds in her head. The suspect, Douglas K. Krohne, died in 2016 and law enforcement closed the case.

Forensic genetic genealogy: a powerful tool for solving cold cases

In recent years, law enforcement and prosecutors have had success solving cold cases using forensic genetic genealogy. This involves a genealogist taking DNA evidence, uploading it to a public DNA database that allows access to its data then using that information to construct a family tree to identify potential suspects who may not themselves have a DNA profile available.

DNA samples in public databases contain more genetic information than those submitted to CODIS and the companies can conduct genealogical research to determine potential familial links to DNA samples — from a third cousin to a brother. The genealogists or law enforcement officers do not have access to specific genetic data, just the results from matches within the database.

Only a few companies that offer DNA testing provide access to their internal databases for law enforcement requests. Companies that provide their databases to law enforcement specifically note they will provide the information to law enforcement officers for open investigations and allow customers to opt out of having their information provided to law enforcement.

Attorney General Ferguson’s Sexual Assault Kit Initiative

Attorney General Ferguson has prioritized clearing the rape kit backlog and improving the state’s response to sexual assault. Through his Sexual Assault Kit Initiative, his office:
  • Inventoried all unsubmitted kits that were being housed in local law enforcement evidence rooms;
  • Allocated more than $2.25 million for testing to help clear the backlog;
  • Launched a website to keep the public up to date and provide comprehensive information about Washington’s SAKI program, part of a statewide initiative to end Washington’s rape kit backlog; and
  • Worked with local law enforcement to collect DNA samples from hundreds of registered sex offenders that failed to comply with a legal obligation to provide their DNA.

Ferguson’s Office is also convening two task forces intended to improve the state’s response to sexual assaults – the Sexual Assault Forensic Examination (SAFE) Advisory Group and the Sexual Assault Coordinated Community Response Working Group.



Read more...

AG Ferguson: Sorority must provide more than $500k in relief for housing fees it unlawfully charged UW students

Friday, July 8, 2022

Alpha Omicron Pi - UW
OLYMPIA — Attorney General Bob Ferguson announced this week that Alpha Omicron Pi, a national sorority, must refund or waive the housing fees it unlawfully charged dozens of University of Washington students during the COVID-19 pandemic. 

The sorority charged thousands of dollars in housing fees in 2020 and 2021, even though COVID-19 prevented the students from accessing sorority housing — a violation of Gov. Jay Inslee’s emergency eviction moratorium.

The Attorney General’s Office learned of the case after 13 UW students complained to Ferguson’s COVID-19 eviction moratorium enforcement team.

In a declaration in support of Ferguson’s case, one student wrote, “It did not feel fair that I would be required to pay for the bills of the chapter house when I could not live there… At the time, I lived paycheck to paycheck and worked part-time jobs on top of my classes. I was not the only person in a tight financial situation. I knew other sisters who lost their retail jobs during the pandemic as well. But whenever we raised these health and financial concerns with our alumni advisors, we were told to focus on ‘sisterhood.’”

Under the consent decree, a legally enforceable document filed in King County Superior Court, the sorority must refund and/or waive the unlawful housing fees. The sorority must notify the students within 30 days that they no longer owe the sorority the unlawful housing fees charged during the 2020-2021 academic year.

Alpha Omicron Pi charged at least 68 students the unlawful housing fees. If a student paid any amount of the unlawful charges, they will receive full reimbursement. The Attorney General’s Office will contact eligible students about their reimbursements. Students will receive full reimbursements and/or waivers for any unlawful housing fees the sorority assessed against them from spring quarter 2020 through the 2021 school year — a total of more than $500,000 in relief.

The Attorney General’s Office will distribute the refunds as soon as possible after reviewing the sorority’s invoices. If you were charged unlawful housing fees and have questions about the reimbursement process, please email the Attorney General’s Office Civil Rights Division at AOIISettlement@atg.wa.gov

“This sorority took advantage of students, charging them thousands of dollars for housing they could not access or use,” Ferguson said. “Alpha Omicron Pi’s actions were clear violations of the protections put in place to protect Washingtonians from the spread of COVID-19. Thanks to the students who spoke up and brought this to our attention, the sorority must cancel or refund these unlawful fees.”
More information here



Read more...

New law offers free or discounted hospital care to 4 million Washingtonians

Monday, July 4, 2022

Attorney General Bob Ferguson
Starting July 1, 2022, 4 million Washingtonians will qualify for free or discounted care at hospitals across Washington as a result of legislation requested by Attorney General Bob Ferguson.

The legislation requires large hospital systems to provide more financial assistance. Beginning July 1, approximately half of all Washingtonians will be eligible for free or reduced-cost care at hospitals that represent approximately 80 percent of the licensed beds in the state.

Ferguson worked with prime sponsor Rep. Tarra Simmons, D-Bremerton, and Reps. Eileen Cody, D-Seattle, and Nicole Macri, D-Seattle, on HB 1616 to strengthen Washington’s charity care law. 46th LD representatives Valdez and Pollit signed on as cosponsors, as did 32nd LD rep Lauren Davis.

Ferguson’s Attorney General request legislation expands charity care eligibility to more than 1 million Washingtonians, and guarantees free hospital care to an additional million Washingtonians who are currently eligible for discounted care.

“This is a landmark achievement for affordable health care,” Ferguson said. “Too many Washingtonians are just one hospital bill away from financial crisis. Our new law moves us away from a system where a single mom working two minimum wage jobs didn’t qualify for any help with her hospital bills, to something that offers help to about half the people in Washington. 
"It’s the right thing to do. Make sure you know what kind of assistance you qualify for, and if you aren’t getting it, contact my office.”

Ferguson’s and Simmons’ legislation establishes two tiers of financial assistance — one for large health care systems and another for smaller, independent hospitals. The new law gives Washington the strongest protections in the country for out-of-pocket hospital costs.

Nationwide, about two-thirds of individuals who file for bankruptcy cite medical issues as a key contributor, and more than half of collection items on credit reports are for medical debts.

Access to care is also an equity issue, as communities of color are disproportionately underinsured, and especially vulnerable to catastrophic and unexpected medical expenses.

More information here



Read more...

AG Ferguson locates 387 sex, kidnapping and homicide offenders in Washington who owe DNA, and collects DNA from 102 so far

Friday, June 17, 2022

DNA Kit - King County Sheriff's Office
OLYMPIA — Attorney General Bob Ferguson today announced that his lawfully owed DNA project identified 387 sex, kidnapping and homicide offenders still living in Washington who illegally failed to provide DNA samples after their criminal conviction. 

Of these 387 individuals, the Attorney General’s Office already collected 102 new DNA profiles, including:5 new DNA profiles from individuals convicted of homicide;
  • 10 new DNA profiles from individuals convicted of kidnapping; and
  • 88 new DNA profiles from convicted sex offenders. 
(The previous phase of this project collected DNA profiles from registered sex offenders. This phase focused on sex offenders who are not required to register.)

All 102 new profiles were added to CODIS, the national DNA database.

This is the second phase of Ferguson’s lawfully owed DNA project. In May, Ferguson announced that his office completed the collection of lawfully owed DNA from currently registered sex offenders across the state, resulting in 372 new profiles in CODIS.

The Attorney General’s Office estimates that thousands of convicted violent offenders in Washington needed to submit a DNA sample as a condition of their sentence but failed to provide one. Ferguson’s office is committed to working with law enforcement to collect all of them, if feasible.

“DNA helps solve cold cases and can exonerate individuals wrongfully convicted,” Ferguson said. “Out of respect to victims and survivors of crimes, and for the rule of law, this work must be done.”

Lawfully owed DNA is defined as a DNA sample from a qualifying criminal offender who should have their sample in CODIS, but from whom a sample has never been collected or submitted to a lab for testing. 

Washington law requires all offenders convicted of a felony, certain gross misdemeanors and all currently registered sex and kidnapping offenders to provide a DNA sample. Some fail to comply with this part of their sentence. The Attorney General’s lawfully owed DNA project aims to identify and collect these legally required samples. Ferguson’s office is working with local law enforcement around the state to collect DNA samples from offenders who still owe samples.

Locating offenders who still owe DNA

The Attorney General’s Office located offenders who still owe DNA using a multi-step investigative process. There is no centralized database for locating these offenders.

First, Attorney General’s Office Sexual Assault Kit Initiative (SAKI) investigators analyzed data on offenders who still owe DNA, provided by the Washington State Department of Corrections and Washington State Patrol. 

Working with State Patrol, AGO investigators confirmed which of these offenders already have a DNA profile entered into CODIS. Investigators also analyzed offenders’ conviction history to confirm that the offenders owe DNA.

Then, investigators used numerous databases to confirm that the offender is still located in the state and still able to provide a sample — and to find the last known contact information for the remaining offenders.

Investigators then sent letters to offenders asking them to report to their local law enforcement to provide a sample. Attorney General’s Office staff will conduct additional direct outreach to individuals who do not respond to the letter, as well as working with local law enforcement to contact those individuals.

Refusing a legal request to provide a DNA sample is a violation of state law.

Background on the project

Ferguson launched the lawfully owed DNA project in October 2019. The project is a partnership with the U.S. Department of Justice and local law enforcement aimed at identifying and collecting court-ordered DNA samples. Collected samples are entered into CODIS, where they can be used to help identify the perpetrators of unsolved rapes, murders and other crimes.

Every state requires that individuals convicted of certain crimes, including violent crimes and sex offenses, among others, must have a DNA sample taken to be submitted to CODIS. Courts order individuals to submit their DNA as a condition of their sentence. Jails, correctional facilities and local law enforcement are responsible for collecting the samples and submitting them to the Washington State Patrol Crime Lab. The Crime Lab enters the DNA profiles into CODIS.

There is currently no statewide, uniform process for collecting DNA samples from offenders. Currently, the practices for collecting court-ordered DNA samples vary between counties, and can result in samples not being collected. 

The Attorney General’s Office Sexual Assault Forensic Examination (SAFE) Advisory Group first recommended in 2019, and again in 2021, that local jurisdictions establish consistent protocols to help ensure court-ordered DNA is collected.

Investigators and prosecutors rely on samples in CODIS to help solve cases and bring justice to victims. When DNA is collected at a crime scene, it is tested by the crime lab and checked against the CODIS database. 

Sometimes the DNA profile that was collected as evidence matches a profile in the CODIS database, which is called a “hit.”

These new “hits” can help identify repeat offenders, link cases across the country, shed new light on cold cases and provide answers to crime victims and their families. DNA evidence can also exonerate individuals who were wrongfully convicted.

The lawfully owed DNA project is part of Ferguson’s initiative to help the state clear its backlog of sexual assault kits and bring justice to survivors. More information about this initiative is available on the Sexual Assault Kit Initiative website.



Read more...

Student loan debt discharged for students of Corinthian (Everest) colleges

Saturday, June 4, 2022

Attorney General Bob Ferguson today announced that 16,850 Washingtonians who attended any school owned by Corinthian Colleges, a for-profit college that engaged in deceptive conduct, will receive $157.9 million in relief.

The U.S. Department of Education discharged $5.8 billion nationwide in student loans for Corinthian College students across the country. 

Ferguson had been calling for this action from the federal government since 2016. 

He asserted, and the federal government finally agreed, that every borrower who attended Corinthian was subject to illegal conduct.

This discharge applies automatically — borrowers do not need to do anything to receive relief. This relief applies to all remaining loans for Corinthian Colleges, including for borrowers who have not yet applied for a “borrower defense” discharge. 

Corinthian owned and operated Everest College campuses in Everett, Fife, Tacoma, Bremerton, Renton, Seattle and Vancouver until February of 2015, when they were sold to Zenith.

“Washingtonians’ student loan crisis is now $158 million smaller,” Ferguson said. “This is justice. The thousands of Washingtonians who were harmed by Corinthian’s illegal conduct deserve this relief from crushing student loan debt. 
"Today’s outcome is the culmination of years of investigation and collaboration between the federal government, my office, and other state attorneys general. Betsy DeVos and the Trump Administration had every chance to take this action, and they refused. I applaud the Biden Administration for doing the right thing.”

Ferguson has previously called on the Department of Education to discharge federal student loans for former Corinthian students. In December of 2016, Ferguson sent a letter to department officials calling for automatic loan discharges for victims of Corinthian’s fraud. In 2017, Ferguson, along with other state attorneys general, submitted a joint request seeking group discharge for Corinthian borrowers in their states.

Read more here



Read more...

AG Ferguson: Washington Supreme Court orders $28k sanctions in baseless election lawsuit

Thursday, June 2, 2022

Attorney General Bob Ferguson
OLYMPIA — Attorney General Bob Ferguson announced that his office successfully sought sanctions from a group pursuing a frivolous legal challenge of the 2020 election, along with its attorney. The sanctions order comes after Ferguson defeated the frivolous lawsuit.
 
The Washington Election Integrity Coalition United (WEICU) has been ordered to pay $9,588.80, and its attorney, Virginia Shogren, has been ordered to pay $18,795.90 as sanctions for bringing a case totally devoid of legal merit.

Ferguson will also file a complaint against Shogren with the Washington State Bar Association seeking further discipline. That complaint will come in the next few weeks.

As part of its case WEICU alleged that non-citizens were fraudulently registered to vote. The court found the Coalition “offers no competent evidence of voter fraud based on noncitizen voter registration.”

“Attorneys and organizations who attack our democracy and abuse our legal system must face accountability,” Ferguson said. “We will continue fighting to protect our elections from these baseless lawsuits that push ‘the Big Lie.’”

“Misinformation and disinformation is a threat to the functioning of our democracy,” said Gov. Jay Inslee. “Those who intentionally spread lies and undermine our elections must be held accountable. I appreciate the attorney general’s efforts to ensure truth prevails.”

WEICU filed this lawsuit against the state in the Washington State Supreme Court, alleging hundreds of thousands of ballots cast in the 2020 general election were altered. The group offered no evidence for this claim, and the lawsuit was dismissed due to multiple legal deficiencies.

Because of the frivolous nature of the case, Ferguson asked the Washington Supreme Court to impose sanctions against the WEICU and Shogren. The court agreed, and ordered the group and Shogren personally to pay the state’s costs in defending the case.

WEICU also filed separate lawsuits in eight counties: Whatcom, Clark, Snohomish, King, Thurston, Pierce, Lincoln and Franklin counties.
 
Gubernatorial candidate Loren Culp, who lost by 545,000 votes, filed a lawsuit asserting voter fraud. His campaign dropped the suit the next day when challenged by the Attorney General's office.




Loren Culp’s frivolous lawsuit challenging the 2020 election

In January 2021, the campaign for gubernatorial candidate Loren Culp filed a lawsuit challenging the 2020 election. The complaint included sweeping, baseless assertions of voter fraud. 

The Attorney General’s Office responded by informing the attorney for the campaign that we would seek sanctions if the campaign continued with its irresponsible lawsuit. In response, the Culp campaign dropped its lawsuit the next day.

The following is an excerpt from the Attorney General’s message to the Culp campaign’s attorney:

“[Your] claims are also factually baseless. For example, counties have contacted individuals the Campaign identified as deceased and found either that the voter died after voting, or that the voter was, in fact, alive. In many instances, the alleged discrepancies cited by your declarant Mr. Schow reflect trivial variations in the voter’s address, for example listing an address as ‘N’ instead of ‘North.’ 
"Secretary Wyman invited Mr. Culp to bring any concerns to her for investigation, but he refused. Numerous counties likewise invited your declarant, Mr. Schow, to share his data regarding alleged irregularities so that the claims could be investigated and addressed. He likewise refused.  
"If either Mr. Schow or Mr. Culp had accepted those invitations, the Secretary and the counties could have demonstrated precisely how the allegations are false or do not undermine the validity of a voter’s registration. The Campaign simply did not conduct a reasonable investigation to assert the type of claims alleged here.
“Finally, the claims are made with an improper purpose of undermining confidence in a free and fair election. Mr. Culp lost the election by more than 545,000 votes. Rather than concede gracefully, Mr. Culp has used this lawsuit to distract from the magnitude of his loss and to sow confusion. 
"Mr. Culp also fundraised off his baseless allegations, even as the country has erupted in violence stoked by the types of reckless allegations made in this litigation. This past week has put into stark relief the damage that has been wrought by such untruths.
“As an officer of the Court, you have an obligation to conduct a reasonable investigation before filing a lawsuit and not to fuel the fire consuming this country with unfounded claims of voter fraud. We hope that you will reconsider your actions in light of this information and the events of the past weeks. If you decline to dismiss the case voluntarily, our motion for sanctions will seek all costs we have incurred in responding to the complaint.”


Read more...

AG: chicken producer will pay AG's office $725,000 in price-fixing conspiracy

Friday, May 20, 2022

sam-moghadam-khamseh-LUv656869_A-unsplash.jpg
SEATTLE — Attorney General Bob Ferguson announced today a chicken producer named in an antitrust lawsuit will pay the Attorney General’s Office a total of $725,000 to resolve claims against it. 

Today’s announcement is the first resolution of Ferguson’s lawsuit against 19 chicken producers regarding a widespread illegal conspiracy to inflate and manipulate prices, rig contract bids and coordinate industry supply reductions to maximize profits. 

The lawsuit also names an industry data reporting service accused of assisting in the conspiracy.

Ferguson asserts Mar-Jac Poultry, 18 other chicken producers and a data reporting service drove up the price of chicken, causing consumers to overpay by millions of dollars, which has impacted nearly every Washingtonian. Ferguson filed that lawsuit in King County Superior Court in October 2021.

“If you’ve eaten chicken in the last decade, this conspiracy touched your wallet,” Ferguson said. “This is an important step toward accountability. We aren’t done yet.”




Read more...

AG: Opioid manufacturer Mallinckrodt will pay Washington more than $18 million

Thursday, May 19, 2022

Attorney General Bob Ferguson

OLYMPIA — Attorney General Bob Ferguson announced today that bankrupt opioid manufacturer Mallinckrodt will pay Washington more than $18 million for its role fueling the opioid epidemic.

Mallinckrodt is one of the largest pharmaceutical manufacturers in the U.S., and manufactured a generic version of oxycodone. 

Today’s announcement represents the latest recovery in Ferguson’s opioid litigation initiative, which has now delivered more than $730 million in resources to address Washington’s opioid epidemic.

Facing investigations and lawsuits from multiple state attorneys general, including Ferguson, Mallinckrodt filed for bankruptcy in October 2020.

Washington’s share of the recovery could exceed $27 million if Mallinckrodt chooses to spread out payments over a longer period of time instead of paying an initial lump sum. Mallinckrodt has 18 months to decide how it will make payments to the state for its role in the opioid epidemic.

Similar to Ferguson’s other recent opioid cases, these resources must be used on a set of approved strategies to address the opioid crisis that continues to devastate Washington families. Approved strategies include prevention efforts, expanded treatment options, support for neonatal babies and their families and services for individuals in treatment and recovery.

Additionally, Mallinckrodt will pay Washington $514,702 for underpayment of Medicaid rebates for a drug it produced called “Acthar” as part of the bankruptcy.

“These resources will increase prevention efforts and help Washingtonians in need,” Ferguson said. “The corporations responsible for the opioid epidemic must help us address the crisis they created. We will continue to fight to deliver as many resources into our communities as possible.”

Read more here


Read more...

AG Ferguson shuts down Global Grid’s illegal robocalls, deceptive marketing targeting CenturyLink customers

Friday, May 13, 2022

OLYMPIA — Attorney General Bob Ferguson today announced that, as a result of his lawsuit against the company, Global Grid, a Corvallis, Ore.-based company, and its owner must shut down its illegal robocalling operation.


The company must also stop all deceptive marketing practices, including misrepresentations about a product it falsely promised could block robocalls. 

Global Grid must pay more than $8,000 to the Attorney General’s Office, which Ferguson will deliver to approximately 200 Washingtonians harmed by the company’s hidden start-up fee.

Global Grid and owner Harry Hart III also face $603,000 in penalties, costs, and fees for its illegal conduct, including robocalls, which are suspended so long as they pay back the upfront fees and do not violate the terms of today’s consent decree.

In October 2021, Ferguson filed a lawsuit against the company asserting the company made over 54,000 illegal robocalls to Washingtonians, in violation of the Washington Automatic Dialing and Announcing Device (WADAD) Statute and the Consumer Protection Act (CPA). Ironically, the calls attempted to sell a purported robocall-blocking service.

The company also robocalled consumers on the Do Not Call Registry and made deceptive claims in its advertising. The company also told people that “subscriptions start at just pennies per month,” yet failed to mention that they would be charged up-front fees to activate the service — anywhere from $8 to $100.


Washingtonians impacted by Global Grid’s illegal hidden fees will receive restitution payments equal to the amount they paid. These payments will average approximately $35 per customer. The consent decree, currently pending approval from King County Superior Court, requires Global Grid to make all restitution payments to the Attorney General’s Office within the next 12 months due to the company’s current lack of funds and assets, which the Attorney General’s Office independently verified. 

The Attorney General’s Office will send checks to consumers once Global Grid has completed its payment. Consumers do not have to do anything to receive restitution.

This was a typical robocall:

“Please do not hang up. The voicemail system has an urgent announcement for you regarding your security and the Federal Trade Commission’s National Do Not Call Registry. There’s a new telephone feature that you can add to your current CenturyLink phone line that will screen and block robocalls and unwanted telemarketers.”

Ferguson asserts Global Grid Telecom’s voicemail messages sounded like official messages from CenturyLink, and consumers complained that the messages deceptively sounded as if the offer came from CenturyLink. Nearly all of the company’s messages referred to a “voicemail system announcement.”

Many of the messages also referred to the advertised service as an “upgrade” or new feature to CenturyLink accounts. Further, some of the messages referenced the Do Not Call Registry, which could have deceived people into believing the message was associated with the federal government.

The company also claimed its products would stop all robocalls, and would stop 90 to 100% of telemarketers and unwanted calls. 

In fact, “MAX|Command” did not prevent robocalls. It only would manage and add phone numbers to a list of blocked numbers on a telephone line, without actually blocking new incoming unwanted calls.

The robocall message did not provide an option for people to remove themselves from Global Grid Telecom’s call list. In some instances, consumers who informed the company they no longer wanted to receive messages from Global Grid Telecom continued to receive robocalls.





Read more...

AG Ferguson: Opioid distributors to pay $518 million to Washington state

Wednesday, May 4, 2022

McKesson promo
SEATTLE — Six months after taking the three largest distributors of prescription opioids to trial, Attorney General Bob Ferguson announced a resolution-in-principle that will deliver approximately a half-billion dollars to Washington to combat the opioid epidemic.

The Washington Attorney General’s trial against McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Drug Corp. began in King County Superior Court on November 15 — more than two years after Ferguson filed a lawsuit against the three large corporations for helping to fuel the opioid epidemic.

As a result of today’s announced resolution, these three opioid distributors will pay a total of $518 million. More than $476 million will be directed toward addressing the opioid epidemic.

Ferguson rejected a national settlement between the three opioid distributors in order to take these entities to trial. Ferguson’s decision will result in Washington receiving $46 million in additional resources from the distributors to provide substance abuse treatment and support other strategies to address the opioid crisis, including housing and other wrap-around services.

“We could have joined the overwhelming majority of states and settled with the the largest opioid distributors, but we chose to fight them in court instead,” Ferguson said. 
“That decision to take them to court will result in significant additional resources for Washington to combat the opioid epidemic. These resources will increase prevention efforts and help Washingtonians in need, including providing necessary wrap-around services for those experiencing homelessness as a result of their substance abuse disorder. 
"This is a historic resolution — one of the largest in state history. We forced these companies to stand trial for their conduct. Washingtonians will receive approximately one half billion dollars to combat the opioid epidemic — including $46 million more than Washington would have received if we had accepted the national settlement last year.”

This is part of a wider effort by Ferguson to combat the opioid epidemic and recover resources to address the ongoing crisis.

More information here



Read more...

AG Ferguson files lawsuit against Postmaster DeJoy for violating bedrock environmental law

Friday, April 29, 2022


Photo by Steven H. Robinson
OLYMPIA — Attorney General Bob Ferguson announced today a lawsuit against Postmaster General Louis DeJoy and the U.S. Postal Service (USPS) asserting that they violated federal environmental law when deciding in February to replace up to 165,000 vehicles with primarily gas-powered models rather than making a larger switch to electric vehicles.

The lawsuit, filed in U.S. District Court for the Northern District of California, asserts the Postal Service and Postmaster General Louis DeJoy violated the National Environmental Policy Act (NEPA), often referred to as the “Magna Carta of environmental law,” during a deficient review process. 

For example, USPS chose a manufacturer, signed a contract and put down a substantial down payment for new vehicles months before it released any environmental review of a decision. When USPS published its environmental review, it did not consider reasonable alternatives, like buying a majority of electric vehicles and opting for gas vehicles where electric vehicles were infeasible. 

The Postal Service also ignored key environmental impacts, like the effect of continued poor air quality in already-polluted communities. USPS also did not consider whether purchasing a majority of gas-powered vehicles was consistent with climate policies in states like Washington.

Instead, the Postal Service’s environmental review depended on a contactor with no experience making electric vehicles, ignored reasonable alternatives, discounted the air quality and climate effects of a new fleet of gas-powered trucks and relied on an assumption that any upgrades to its vehicle fleet would be environmentally beneficial.

USPS has one of the largest civilian vehicle fleets in the world, consisting of approximately 212,000 vehicles that are on the road delivering mail at least six days per week to nearly every community in the U.S. Most of these vehicles were manufactured between 1986 and 1994 and are now beyond their intended service life. As a result, they are increasingly expensive to operate and maintain.

In February 2021, DeJoy, a Trump Administration appointee, chose Wisconsin-based Oshkosh Defense to build the replacement fleet. USPS will spend billions of dollars over the next decade to replace its aging vehicles. Oshkosh does not currently manufacture any electric vehicles.

When making its decision on the replacement fleet, Ferguson asserts, USPS ignored or discounted the environmental impacts — including air quality in communities already burdened by pollution, environmental justice and other climate harms — by simply assuming that any upgrade to its vehicle fleet would be positive.

More information here



Read more...

AG Ferguson: JUUL must pay Washington $22.5 million over its unlawful advertising practices

Tuesday, April 19, 2022

JUUL vaping device
OLYMPIA — Attorney General Bob Ferguson today announced that JUUL must pay $22.5 million to resolve Ferguson’s lawsuit against the e-cigarette company. 

The lawsuit asserts that JUUL violated the law when it designed and marketed its products to appeal to underage consumers and deceived consumers about the addictiveness of its product.

In addition to the payment, JUUL must stop its unlawful conduct and implement a slate of reforms, including:
  • Stopping all its advertising that appeals to youth
  • Stopping most social media promotion
  • Accurately marketing the content and effects of the nicotine in its products
  • Strict practices to confirm the age of consumers who purchase JUUL products — including a robust secret shopper program and online purchase age verification. JUUL is required to conduct no fewer than 25 secret shopper checks per month at Washington-based JUUL retailers for at least two years, and perform at least one check in every Washington county per year. The company is required to send a regular report to the Attorney General’s Office detailing the results of the secret shopper program every 90 days.

This is the strictest secret shopper program in the company’s history. The Attorney General’s Office believes this is likely amongst the strictest secret shopper programs implemented by vapor products sellers anywhere in the country.

These reforms are legally enforceable. If JUUL violates these terms, the Washington Attorney General’s Office can go directly to King County Superior Court to enforce them.

More information here



Read more...

AG: Watch out for charity scams seeking to profit from the crisis in Ukraine

Tuesday, April 5, 2022

CONSUMER ALERT: Watch out for charity scams seeking to profit from the crisis in Ukraine.

Do your research before donating, report suspicious behavior — scammers may take advantage of influx of donations amid Russia’s invasion of Ukraine

OLYMPIA — Attorney General Bob Ferguson is warning Washingtonians to be on the lookout for scammers targeting donations to aid Ukraine and Ukrainian refugees amid Russia’s ongoing invasion. Ferguson is asking Washingtonians to report suspicious solicitations to his office.

“During this tragic humanitarian crisis, many of us are looking for ways to help,” Ferguson said. “Unfortunately, scammers may prey on Washingtonians’ good will. My office is on the lookout for charity scams. If you see any suspicious or fraudulent solicitations, file a complaint with my office.”

You can protect yourself from scams by doing the following:
  • Research the charity before giving. Ensure the charity is registered with the Washington Secretary of State at www.sos.wa.gov/charities. If the charity is registered, you can review a summary of its financial records and tax status. You can also check the charity’s rating on Charity Navigator at www.charitynavigator.org or Guidestar Nonprofit Directory at www.guidestar.org.
  • Don’t give in to high-pressure tactics. If is someone is demanding immediate payment or sensitive personal information, it’s likely a scam.
  • Report any suspicious activity to the Attorney General’s Office. If you suspect a charitable solicitation might be a scam, report it to the Attorney General’s Office. To file a complaint about a charity or commercial fundraiser, visit the Attorney General’s website at www.atg.wa.gov/file-complaint. If you receive a suspicious robocall asking for a donation, file a robocall complaint at https://www.atg.wa.gov/robocall-and-telemarketing-scams.


Read more...

AG Ferguson announces new initiative to combat robocalls

Wednesday, March 30, 2022


OLYMPIA — Attorney General Bob Ferguson announced today an initiative to combat robocalls in Washington state. The Attorney General’s Office created a new complaint form for Washingtonians tailored for reporting robocalls.

Additionally, as part of an effort to educate and inform Washingtonians, the Attorney General’s Office launched a website with descriptions of robocalls and telemarketing scams, including strategies for combating them.

Today’s launch is a continuation of the Attorney General’s work to stop illegal robocalls. In the past two years, Ferguson filed three lawsuits aimed at holding illegal robocallers accountable.

  1. In October 2021, Ferguson filed a lawsuit against a Corvallis, Ore.-based company, Global Grid Telecom, and its owner for illegally robocalling Washingtonians more than 54,000 times with deceptive recorded messages. Ironically, the calls attempted to sell a purported robocall-blocking service. The case is ongoing.
  2. In March 2021, two companies that made more than 1.7 million robocalls into Washington paid $495,000 to legitimate charities as a result of a lawsuit by Ferguson, 39 other attorneys general and the FTC.
  3. In August 2020, as a result of the Attorney General’s lawsuit, a King County Superior Court judge ordered Vancouver, Wash.-based air duct cleaning companies and their owner to pay civil penalties of $10 million. US Air Ducts and Sky Builders and DLM Services Inc. made over 13 million robocalls within Washington state from 2017 to 2019, including calling more than 500 individual Washingtonians over 100 times. Robocalls are a type of phone call that comes from automated systems where computers play a recorded message when someone answers the phone or when it goes to voicemail.

“Robocalls are more than just annoying — they can also be illegal,” Ferguson said. “Many of our cases are based on tips we receive from Washingtonians. If robocalls are harassing you, please file a complaint with my office.”

Prior to the creation of the specific complaint form for robocalls, Washingtonians could report any suspicious calls through the Attorney General’s Office general consumer complaint form. The creation of a specific complaint form for robocalls will give attorneys, investigators and staff more precise information for quicker reaction to complaints.

The robocall complaint form includes specific questions for reporting the details of a suspicious call to help our office better track and discover patterns for robocalls in the state — and prevent other Washingtonians from getting more illegal calls. 

Even if illegal robocallers fake their caller identification, the Attorney General’s Office has resources to track these calls when Washingtonians report their telephone number, telephone provider and the exact time and date of the call.


Signs of a scam
  • Caller asks for personal information. A legitimate caller should never ask for your password, social security number or bank account number. Scammers ask for your personal information to steal your money or identity.
  • An offer that seems too good to be true. If the message on the call advertises something for free or at low cost, it is likely a scam.
  • Request payment other than credit card. Scammers usually ask for payment with a gift card, online money transfer or other payment method that is hard to track. Resist any pressure to send immediate payment, or hang up.
  • Threats, scare tactics. Some robocallers threaten individuals with cutting off their utilities, filing legal complaints against them or other actions to get them to send in money or call them back. The government or a legitimate business will generally send a letter if there is a legal issue or a problem with an account.
What to do if you suspect a robocall scam
  • Do not trust your Caller ID. Scammers can fake, or “spoof,” the name and number that appears on your caller ID, making it look like the call is from an unknown number, legitimate business, government agency or local number.
  • Do not answer the call. If you do not recognize a phone number, you can let the call go to voicemail.
  • Hang up. If you answer a call and it seems like it is a robocall, hang up immediately.
  • Do not pay for or accept any offers. Scammers will try to pressure you to make a decision without doing any research or talking to friends or family who may help identify a scam. Don't make any decisions under pressure.
  • Resist the urge to call back or confront the caller. Individuals who call robocallers or scammers back can end up on a list of people who answer the calls then get more calls.
  • Block. You can call your telephone service provider to see what options are available to block phone numbers associated with robocalls and telemarketing scams.
  • Report. Report any robocalls or other suspicious calls you receive to the Attorney General’s Office.Some robocalls may give you an option to opt out of receiving future calls, but if the caller is a scammer, they are unlikely to honor your request. However, you can add your number to the national “Do Not Call” registry (https://www.donotcall.gov/) to reduce the number of annoying telemarketing calls.

A few types of robocalls are allowed without permission. These include political calls about candidates, charities asking for donations or any message that is purely informational, like calls about a flight status or school closure.

Some robocalls or telemarketers may come from legitimate charitable organizations, but it is wise to contact the Washington Secretary of State's Charitable Division at 1-800-332-4483, or visit their website, to make sure any charity is registered with the state before you give money or credit card information.



Read more...

AG Ferguson files lawsuit against US Stemology for peddling unproven, untested stem cell treatments

Tuesday, March 22, 2022

Fraudulent medical claims
OLYMPIA — Attorney General Bob Ferguson filed a lawsuit against Seattle-based US Stemology and its owner, Dr. Tami Meraglia, for deceptively marketing stem cell treatments for COVID-19 and dozens of other serious medical conditions, including asthma, lupus, Parkinson’s, congestive heart failure and multiple sclerosis. 

There is no reliable clinical evidence stem cell therapy can effectively treat these conditions.

The company, which runs the Seattle Stem Cell Center in lower Queen Anne, charged 107 people a total of $748,250 for these unsubstantiated treatments. The company charged its clients as much as $10,000, out of pocket, for participating in the clinic’s purported “patient funded research.”

US Stemology claimed it was treating patients as part of clinical trials. In reality, the “trials” did not follow generally accepted standards of scientific research — and the researchers themselves led the “independent review” of the trials.

More information here



Read more...
ShorelineAreaNews.com
Facebook: Shoreline Area News
Twitter: @ShorelineArea
Daily Email edition (don't forget to respond to the Follow.it email)

  © Blogger template The Professional Template II by Ourblogtemplates.com 2009

Back to TOP