CHARLESTON — Attorney General Patrick Morrisey’s office has filed a motion to improve West Virginia’s chance of getting nearly $5 million throught fraud litigation regarding Frontier Communications.
The case involves alleged fraud in the spending of federal stimulus funds awarded to West Virginia in 2010 to expand broadband internet. Federal regulators already required the state to repay more than $4.9 million associated with the case. The ongoing litigation stems from a complaint filed by Frontier’s competitor, Citynet.
The motion filed Nov. 8 in federal court by the AG’s office takes no position as to the claims against Frontier. Instead, it seeks to position West Virginia to collect its $4.9 million payout if a federal court were to find that Frontier’s conduct violated the False Claims Act.
Morrisey
“We must act now to assert our claim and protect West Virginia’s interest,” Morrisey said in a statement. “It is only right that West Virginia be made whole and another entity bear the costs, if it is proven that entity engaged in fraud.
“Anything less would amount to the federal government receiving double payment for the same underlying costs.”
Federal regulators had required West Virginia to repay more than $4.7 million related to select charges and specific invoice processing fees set forth by Frontier, along with $244,200 linked to Frontier’s alleged deployment of 37 miles of excess fiber optic cable. The federal government argued those alleged actions violated the terms of the stimulus grant.
In the original complaint, Citynet seeks repayment by Frontier on behalf of the federal government. West Virginia, the grant recipient, unsuccessfully appealed the federal government’s decision to seek repayment from state coffers. Frontier was the subrecipient of the grant.
The AG’s office says no existing party in the ongoing case represents West Virginia’s interest. He also contends not permitting West Virginia to intervene would substantially impair the state’s ability to protect its interest.
U.S. District Court for the Southern District of West Virginia case number 2:14-cv-15947
