Case Details


Control Of Litigation

Filing State



New York Supreme Court, Appellate Division




People of the State of New York v. Miran, 964 N.Y.S. 2d 309 (N.Y. App. Div. 2013)


Attorney general has authority ot prosecute Medicaid fraud.

Case Description

Defendants convicted of Medicaid and Medicare fraud challenged their convictions on the grounds that under New York caselaw, the Attorney General of New York “has no . . . general authority [to conduct prosecutions] and is without any prosecutorial power except when specifically authorized by statute.” In this case, the state health commissioner requested, pursuant to state law, that the Attorney General investigate and prosecute Medicaid fraud. As part of that request, the Commissionercited NY Exec. Law §63(3), which permits prosecution of any person or persons believed to have committed the same and any crime or offense “arising out of such investigation or prosecution.” The defendants also argued that Executive Law §63(3) is preempted by the federal statute that authorizes the Medicaid Fraud Control Unit (located in the New York Attorney General’s office) to investigate and prosecute Medicaid fraud. The court determined that the federal law does not expressly preempt Executive Law 63(3), nor is it impossible to comply with both state and federal law. State law was no impediment to the federal statute, which simply “describes the function of a state entity that investigates and prosecuted Medicaid fraud” from the state statue, which “considers the prosecutorial authority of the Attorney General, . . . which appears to support the objectives of the subject federal statute.”