A state judge has tossed one of two lawsuits filed by whistleblower Frank Foy, the Journal reports today, saying the suit targeted actions that occurred prior to the enactment of a 2007 state law that the suit relies on — the Fraud Against Taxpayers Act.
The suit sought to recover $150 million to $230 million in taxpayer money lost due to what Foy has alleged was fraud of a state investment fund and educators’ pension fund. When reached this morning by The Independent, Foy’s attorney, Victor Marshall, declined to comment on what Foy’s options are following the suit’s dismissal.
Marshall told the Journal that some of the actions the suit covers happened after the state law took effect, and that the New Mexico state constitution allows for retroactive civil statutes.
The suit is one of two Foy has filed. The suit dismissed Wednesday was filed in the summer of 2008 under seal, but was made public in January of 2009. It was later amended to include Marc Correra and Anthony Correra. Anthony Correra is a friend and fundraiser for Gov. Bill Richardson. Marc Correra, Anthony Correra’s son, shared in $22 million in so-called third-party marketing fees in several dozen investments the State Investment Council and the Educational Retirement Board made in the years leading up to the Wall Street crash.
Some of those investments have tanked, costing the state millions of dollars.
Foy filed a second, expanded lawsuit last summer.