The First Department affirmed Supreme Court’s denial of the motions to dismiss this qui tam action alleging defendants violated the New York False Claims Act (NYFCA) in setting interest rates for certain variable rate demand obligations (VRDO) (bonds):
False claims are actionable if the State provides any portion of the funds used to pay the false claims … .
The complaint sufficiently alleges that a portion of the funds the conduit borrower received came from the state. That the state’s money passed to defendant M&T Bank Corporation through private VRDO borrower entities does not make the government any less its source. By issuing conduit bonds, the state “made the funds available,” thereby “providing” money within the meaning of the New York False Claims Act … . State of New York ex rel. Edelweiss Fund, LLC v JP Morgan Chase & Co., 2020 NY Slip Op 08019, First Dept 12-29-20