{"id":16640,"date":"2010-04-29T07:34:56","date_gmt":"2010-04-29T13:34:56","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=16640"},"modified":"2010-04-29T11:41:21","modified_gmt":"2010-04-29T17:41:21","slug":"one-of-two-foy-lawsuits-tossed-out-by-judge","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2010\/04\/one-of-two-foy-lawsuits-tossed-out-by-judge\/","title":{"rendered":"One of two Foy lawsuits tossed out by judge"},"content":{"rendered":"<div id=\"attachment_11928\"  class=\"wp-caption module image alignright\" style=\"max-width: 300px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11928\" title=\"Roundhouse\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2010\/01\/Roundhouse-300x243.jpg\" alt=\"\" width=\"300\" height=\"243\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2010\/01\/Roundhouse-300x243.jpg 300w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2010\/01\/Roundhouse.jpg 325w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><p class=\"wp-caption-text\">The Roundhouse in Santa Fe. (Photo by Peter St. Cyr)<\/p><\/div>\n<h4>Fraud Against Taxpayers Act doesn\u2019t apply retroactively, judge rules<\/h4>\n<p>One of two lawsuits seeking to recover hundreds of millions of dollars on behalf of taxpayers that was lost in bad investment deals was dismissed by a state district judge on Wednesday, the <a href=\"http:\/\/www.abqjournal.com\/news\/state\/29235340376newsstate04-29-10.htm\">Albuquerque Journal<\/a> is reporting.<\/p>\n<p>That\u2019s because the <a href=\"http:\/\/www.taf.org\/newmexicofca.htm\">Fraud Against Taxpayers Act<\/a>, the statute under which Frank Foy\u2019s lawsuit was filed, doesn\u2019t apply retroactively to acts committed before the law took effect, Santa Fe District Judge Stephen Pfeffer ruled.<\/p>\n<p>Foy was seeking to recover between $150 million and $230 million on behalf of taxpayers. If successful, he would have been allowed to keep a big chunk of that for himself.<!--more--><\/p>\n<p>From the Journal article, it sounds as if an appeal is possible. Foy\u2019s attorney, Victor Marshall, was quoted as saying some of the alleged violations of the act occurred after the act took effect on July 1, 2007. He also said retroactive civil statutes are constitutional in New Mexico.<\/p>\n<p>The case centers on investments Vanderbilt Financial made on behalf of the state. The state lost almost all the money Vanderbilt invested between 2004 and 2006. Vanderbilt was heavily involved in subprime mortgage investments.<\/p>\n<p>Foy\u2019s lawsuit also included Marc and Anthony Correra as defendants. Anthony Correra was a close friend of Gov. <a href=\"http:\/\/governor.state.nm.us\/\">Bill Richardson<\/a>, and his son Marc received millions in placement fees for helping convince the state to hire Vanderbilt.<\/p>\n<p>Foy\u2019s <a href=\"http:\/\/www.nmpolitics.net\/index\/2009\/10\/2009\/06\/foy-files-expanded-pay-to-play-complaint\/\">second, massive lawsuit<\/a> alleging widespread pay to play in the Richardson administration and naming dozens of defendants is still pending in Valencia County.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>One of two lawsuits seeking to recover hundreds of millions of dollars on behalf of taxpayers that was lost in bad investment deals was dismissed by a state district judge on Wednesday, the Albuquerque Journal is reporting.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,1],"tags":[124,123,107],"class_list":["post-16640","post","type-post","status-publish","format-standard","hentry","category-news-and-analysis","category-uncategorized","tag-foy-lawsuit","tag-investment-scandal","tag-roundhouse"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/16640","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=16640"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/16640\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=16640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=16640"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=16640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}