Non conforming spending

Moved a 164,638.00 lawyer fee onto the abatement account

$164,638.00

Amount in this finding

CGrade C · provisionalMiddlesex County

Non conforming spending · Verified · Updated 09/23/2026 · 6 documents

Wilentz, Goldman and Spitzer billed the County on 11/02/2023 for professional services to Middlesex County Opioids. The invoice lists a percentage to date of 1,125,000.00 and fees of 164,638.00. The cover letter calls it the opioid fee based upon a reduced percentage of recovery to date. The County's vendor history shows the fee paid on check 00334508 on 11/09/2023, replacing a reversed check of 11/02/2023, and charged to object 12300000-2120113, Trial Balance 23 Opioid Settle, where the settlement money was held. On 11/30/2023 journal JV08212, described as To Correct Payment, posted the same 164,638.00 to the abatement account 232100S149-5E07001, where it now reads as an abatement expenditure. The same day journal JV08213 credited the settlement reserve 2149623 with 1,241,353.10. That figure less the fee is 1,076,715.10, the balance the County's inquiry screen prints for object 2120113. The County produced the inquiry screen instead of the journal voucher, so the second side of JV08212 is not in the record. The Keefe Law Firm invoice of 12/02/2024 bills its percentage on money received since 11/2/2023, the date of this invoice. The FY2024 report to the State does not name the fee. MOA Section E(6) says payments to counsel for local governments on the Distributor and Johnson and Johnson settlements shall be made from the Supplemental Contingent Fee Fund, not the abatement allocation.