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Consumer Fraud Case Study

Getnick Law secured a settlement in New York’s first ever whistleblower case leading to a criminal restitution recovery for individual consumer fraud victims.

New York False Claims Act Lawsuit Protects Consumers

Getnick Law brought a qui tam lawsuit under the New York State False Claims Act on behalf of a whistleblower against Morgan Fuel & Heating Co. Inc., also known as Bottini Fuel Co., a company that provides heating oil throughout the Hudson Valley. The lawsuit alleged that from 2004 to 2016 Bottini Fuel did not inform customers that they had overpaid for heating oil; instead, the company swept excess customer balances out of customer accounts and utilized these proceeds to benefit its owners and employees. Victims included individual homeowners, business customers, local schools, prisons, towns, and state agencies. According to the settlement, the biggest victims of the fraud scheme included Taconic Developmental Disabilities Services Organization ($281,630), the Greenhaven Correctional Facility ($145,957), Rondout Valley Central School District ($83,044) and Beacon City School District ($10,375). Towns that received restitution included Saugerties, Blooming Grove, Monroe, Hunter, Wappinger, and Stanford.

As a result of the lawsuit, and the parallel criminal prosecution and conviction, New York State recovered $3.2 million from Bottini Fuel, including over a million dollars in restitution to private-sector and individual victims. The whistleblower, whose identity remains protected, received 23.5% of the government’s recovery, the then-largest percentage award for any New York State False Claims Act case not involving Medicaid.

Getnick Law partners Richard Dircks, Margaret Finerty, and Neil Getnick worked closely with the Attorney General’s Office in the successful prosecution and resolution of this case.

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