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Attorney General’s Complaint Against Sprint Stated a Cause of Action Under the False Claims Act Re: Sales Tax On Wireless Phone Calls

The Court of Appeals, in a full-fledged opinion by Judge Lippman, over a partial dissent, determined the attorney general’s (AG’s) complaint sufficiently stated a cause of action against Sprint, based upon the False Claims Act (FCA), alleging the knowing submission of false sales tax statements re: interstate and international wireless phone calls. The court succinctly stated its holding as follows:

… (1) the New York Tax Law imposes sales tax on interstate voice service sold by a mobile provider along with other services for a fixed monthly charge; (2) the statute is unambiguous; (3) the statute is not preempted by federal law; (4) the Attorney General’s (AG) complaint sufficiently pleads a cause of action under the New York False Claims Act (FCA)(State Finance Law § 187 et seq.); and (5) the damages recoverable under the FCA are not barred by the Ex Post Facto Clause of the United States Constitution. People v Sprint Nextel Corp., 2015 NY Slip Op 07574, CtApp 10-20-15

 

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