The coming weeks are likely to see much discussion, pro and con, about Kamala Harris’ record prosecuting street crime during her time as District Attorney of San Francisco. Perhaps even more relevant to her as a presidential candidate was her tenure as the California Attorney General.
State attorneys general involve themselves in many issues, but one of their key roles is to address business misconduct, especially in the areas of consumer protection and antitrust. As the California AG from 2011 through 2016, Harris was for the most part an aggressive corporate crime fighter.
In Violation Tracker we have more than 40 cases her office successfully prosecuted, resulting in over $3 billion in fines and settlements. About one-third of that total came from a 2016 judgment against the predatory for-profit Corinthian Colleges, which by that time had ceased operations and was in bankruptcy.
Here are some of the other more significant cases:
A $750 million settlement with the Canadian company Powerex, which was accused of manipulating the market during the 2000-2001 western energy crisis.
A $323 million settlement with SCAN Health Plan to resolve allegations the company overcharged the state’s Medicaid program, known as Medi-Cal.
A $298 million settlement with JPMorgan Chase, which was accused of misleading state pension funds in the marketing of residential mortgage-backed securities. This was part of a broader $13 billion settlement the bank reached with state and federal agencies concerning the toxic securities that helped bring about the financial crisis of the late 2000s.
A $241 million settlement with Quest Diagnostics, which also involved Medi-Cal billing abuses.
A $168 million settlement with K12 Inc., a for-profit online charter school operator, and 14 affiliated non-profit schools known as the California Virtual Academies it managed, over alleged violations of California’s false claims, false advertising and unfair competition laws.
An $86 million settlement with Volkswagen concerning the installation of defeat devices to evade emissions testing in its diesel vehicles. This was a supplement to the company’s $14 billion federal-state settlement.
Among the other companies her office successfully pursued were Walmart (for over-charging customers), Toshiba (price-fixing), Wells Fargo (privacy violations) and Chevron (improper hazardous waste disposal).
Harris’ office was also involved in many cases brought by groups of state AGs, often taking a leading role. The largest case was a $25 billion settlement reached by federal and state agencies in 2012 with five of the largest mortgage servicing companies over their foreclosure practices. Others included:
A $687 million settlement with Standard & Poor’s Financial Services, which had been accused of inflating ratings of residential mortgage-backed securities at the center of the financial crisis.
A $339 million settlement with Abbott Laboratories (now AbbVie) to resolve allegations it promoted its drug Depakote for uses not approved by the Food and Drug Administration.
A $151 million settlement with drug wholesaler McKesson to resolve allegations the company inflated the price of prescription drugs by as much as 25 percent, causing the states’ Medicaid programs to overpay millions of dollars in pharmacy reimbursements.
A $90 million settlement with the Swiss bank UBS on charges of anticompetitive and fraudulent conduct in the municipal bond derivatives industry, which took the form of bid-rigging, submission of non-competitive courtesy bids and submission to government agencies, among others, of fraudulent certifications of compliance with U.S. Treasury regulations.
Harris’s record as AG was not flawless. Most notably, she was criticized for failing to prosecute OneWest Bank for foreclosure violations. The bank was controlled by Steve Mnuchin, who would go on to become Donald Trump’s Secretary of the Treasury.
If she were to become president, Harris would be in a position to set the tone for the way her administration would address corporate misconduct. That would begin with her choice for attorney general and extend to the approach she encourages for all regulatory agencies.
This is an area in which she cannot simply promise to continue the policies of the current administration. Biden’s Justice Department initially signaled it would get tough on corporate miscreants after Trump’s lax approach, but it has largely failed to deliver. Instead, the DOJ has stressed leniency agreements, which have turned out to be a boon for recidivist companies.
Harris would do well to signal that she intends to change course and draw on her experience as state AG to be an aggressive corporate crime fighter at the federal level.