False Claims – Whistleblower Qui Tam Cases
Pursuant to a mandate from the New Mexico Legislature, Mr. Cohen was the first person to be appointed by the New Mexico Attorney General to a full-time post overseeing all cases brought under New Mexico Fraud Against Taxpayers Act (“FATA”), New Mexico’s state false claims law enacted in 2007. Some of Mr. Cohen’s accomplishments in that role include the following:
- Conducted litigation of numerous FATA cases on behalf of the State of New Mexico, including leading the litigation of the first New Mexico-based FATA case to secure a multi-million dollar recovery for the State of New Mexico ($5.2 million from Chevron Corporation).
- Worked with state agencies throughout New Mexico state government to investigate dozens of qui tam lawsuits brought under FATA, and pursued FATA claims involving investment fraud, procurement fraud, and Medicaid fraud, among others.
- Directly advised the Attorney General on all qui tam matters and developed and implemented all qui tam policies, including carrying out the State’s first-ever intervention in a FATA qui tam lawsuit.
- Led an effort, joined by 11 Attorneys General from around the United States, to establish a first-of-its kind group through the National Association of Attorneys General to facilitate the coordinated investigation and prosecution of multi-state non-Medicaid qui tam matters; and led teams of lawyers from Attorneys General offices around the country in the investigation and pursuit of multi-state non-Medicaid qui tam matters.
- Served as an expert witness before state legislative committees and on the floor of the New Mexico House of Representatives and Senate in connection with proposed revisions to FATA.