An insurer covering Downtown-based Education Management Corp. filed a complaint in federal court today seeking an order absolving it of covering losses in False Claims Act lawsuits against the for-profit college system, and revealing the existence of two still-sealed cases.
The American Insurance Co. noted two already public lawsuits, including one in which the U.S. Department of Justice has joined two former employees, alleging that EDMC made false claims against various governments.
“Two additional ... actions have been filed against EDMC for violations of the FCA” under seal, American Insurance's complaint indicates, adding that one is in the Western District of Pennsylvania and the other in the Middle District of Tennessee. American Insurance has redacted copies of those complaints, according to its filing, and they “assert violations of the FCA in connection with obtaining federal student aid funding that are comparable” to the already public cases.
An EDMC spokesman could not be immediately reached for comment.
Last month, U.S. District Judge Terrence F. McVerry rejected EDMC's efforts to dismiss part of one of the public complaints, brought by former employees Lynntoya Washington and Michael T. Mahoney.
They were joined by the federal government and five states in claiming that EDMC based recruiter raises solely on the number of new students they enrolled, in violation of a federal law designed to reduce the number of misplaced students receiving aid, and implicating $11 billion in federal payments. EDMC has countered that enrollments were one of numerous factors influencing recruiter pay.
Rich Lord: rlord@post-gazette.com or 412-263-1542. Twitter: @richelord.
First Published July 18, 2014 12:00 AM
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