An $18 million settlement has been reached between New York and a food company that serves 39 school and public lunch programs statewide after an investigation into more than seven years of overcharges, Attorney General Eric Schneiderman said today. A number of local school districts are included in the settlement (see below).
The settlement with Compass Group USA Inc. requires that it repay almost $3 million to the schools for vendor rebates that by law should have been passed on, Schneiderman said. The state is expected to get about $15 million from damages and penalties under New York’s False Claims Act.
“Compass improperly profited by overcharging New York’s taxpayers and shortchanging our schools,” Schneiderman said. “There are no excuses for this kind of misconduct.”
Charlotte, N.C.-based Compass staffs and supplies food services at schools like Manhattan Day School and Schenectady City School District through its subsidiary, Chartwells.
“A misinterpretation of the New York contracts caused Chartwells to neglect to complete proper reconciliation of operating costs to the K-12 schools,” Compass spokeswoman Sarah Hada said Wednesday, adding those contracts are unique. “When the investigation in these legacy K-12 contracts uncovered discrepancies between the contract and our practices, we offered to make immediate payment of amounts due, which amounted to approximately $350 thousand annually over an 8-year period. We also took corrective measures to ensure that such discrepancies would not occur again.”
It’s the largest recovery since the anti-fraud statute for state and local governments was amended in 2007, enhancing penalties and whistle-blower protections, according to the attorney general’s office. Schneiderman, then a state senator, sponsored the measure, which has been used in probes of contractors. The Compass settlement covers 2003 to 2010.
Part of an ongoing investigation by the attorney general’s Taxpayer Protection Bureau of food management companies and food distributors doing business with the state, it follows last year’s $1.6 million settlement with the Whitsons companies.
Compass will be required over the next two years to make quarterly disclosures of the settlement to the 39 customers and provide detailed semi-annual reports of its sales and rebating practices to the Taxpayer Protection Bureau. The company also agreed to take steps to comply early with the enhanced nutritional standards passed by Congress in January, including partnering with local suppliers of fresh foods.
The Taxpayer Protection Bureau was established by Schneiderman last year to help with fraud recoveries from contractors, who collect about $13 billion annually from state taxpayers and billions more in local government contracts.
Local schools and school districts that will receive funds from the Attorney General’s settlement include:
Albany Housing Authority (Summer School Program)
Ballston Spa Central School District
Blessed Sacrament School in Albany
Cairo-Durham Central School District
Enlarged City School District of Troy
Fonda-Fultonville Central School District
Fort Ann Central School District
Germantown Central School District
Glens Falls City School District
Golden Goal LLC in Fort Ann
Lansingburgh Central School District
Mayfield Central School District
Schenectady City School District
Schenectady Inner City Ministry
Schodack Central School District
Scotia-Glenville Central School District
St. Mary’s Academy in Hoosick Falls
Wynantskill Union Free School District
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