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Thursday, September 19, 2024

Bipartisan coalition secures $190M unclaimed property settlement with Delaware

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Attorney General Tim Griffin | Ballotpedia

LITTLE ROCK – Attorney General Tim Griffin today announced that Arkansas, Pennsylvania, California, Texas, and Wisconsin—representing a bipartisan coalition of 30 states—have reached a settlement with Delaware officials to conclude the damages phase of an unclaimed property dispute. The dispute was won by Arkansas before the United States Supreme Court in 2023.

“This settlement concludes nearly eight years of litigation over unclaimed Official Checks and returns more than $190 million to the people of Arkansas, our coalition partners, and other states. I’m proud of our work on this important case, and I’m grateful to our coalition partners—particularly the attorneys general of California, Texas, and Wisconsin, and attorneys for Pennsylvania—for their hard work on this matter,” said Griffin.

Griffin also expressed appreciation for Solicitor General Nicholas Bronni, who argued the case before the Supreme Court. He added, “I look forward to reuniting the people of Arkansas with their money.”

The settlement ends the remaining damages phase of Delaware v. Pennsylvania and Arkansas v. Delaware. Arkansas’s share amounts to $761,907.91 plus interest earned and expenses.

In February 2023, the Supreme Court unanimously sided with Arkansas in Arkansas v. Delaware regarding which state should take custody of funds from unclaimed official checks sold by MoneyGram. The company operates across all 50 states and internationally.

Arkansas initiated action in 2016 seeking over $250 million in unclaimed funds from uncashed MoneyGram official check products wrongly handed over to Delaware since 2005. Under the Federal Disposition Act, proceeds from such items must be turned over to the state where purchased.

Associate Justice Ketanji Brown Jackson's opinion affirmed that these funds are governed by the Federal Disposition Act and should have been turned over to Arkansas and its coalition partners rather than Delaware. Consequently, since February 2023, MoneyGram has reported sums on unclaimed unofficial checks to the state of purchase.

The settlement addresses funds deposited with Delaware prior to this opinion. Delaware will transfer more than $102 million reported by MoneyGram from 2011 to 2017 based on each instrument’s place of purchase. Additionally, approximately $89 million deposited in a litigation escrow account from 2018 to 2022 will be distributed among all states based on purchase location.

States will assume custody and responsibility for returning any received property under this settlement or from escrow accounts to owners. These funds will be deposited with each state's unclaimed property fund for reclamation by rightful owners.

For further details or documents related to this case:

- To read the Supreme Court’s unanimous opinion: click here.

- To read the agreement: click here.

- For a printer-friendly version: click here.

About Attorney General Tim Griffin:

Tim Griffin was sworn in as Attorney General of Arkansas on January 10, 2023. He previously served as Lieutenant Governor (2015-2023) and as a U.S. Representative (2011-2015). Griffin is also an officer in the U.S. Army Reserve Judge Advocate General’s Corps holding the rank of colonel.

Griffin's career includes roles as U.S. Attorney for Eastern District of Arkansas; Special Assistant at various federal departments; Senior Investigative Counsel; Associate Independent Counsel; among others.

He graduated from Magnolia High School, Hendrix College, Tulane Law School, attended Oxford University graduate school, and holds a master’s degree in strategic studies from U.S. Army War College.

Griffin resides in Little Rock with his wife Elizabeth and their three children.

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