Utah Office of Attorney General

08/29/2024 | Press release | Distributed by Public on 08/29/2024 12:30

Utah and 29 Other States Settle with Delaware in Unclaimed Property Dispute Before the U.S. Supreme Court

The settlement will return more than $190 million from Delaware to other states,
Utah will receive nearly $3.5 million

August 29, 2024

SALT LAKE CITY‒The state of Delaware settled with Utah as part of a 30-state bipartisan coalition to end the outstanding damages phase of an unclaimed property dispute before the U.S. Supreme Court. In 2023, a unanimous U.S. Supreme Court sided with the coalition partners in holding that unclaimed official checks issued by MoneyGram Payment Systems, Inc. ("MoneyGram") are governed by the Federal Disposition Act.

"Utah benefits significantly from multi-state coalitions. In this case, people across America had official MoneyGram checks not claimed for various reasons. The unclaimed checks were reported to and held by Delaware but never sent to the intended beneficiary," said Attorney General Sean D. Reyes. "Thanks to the skilled attorneys within our office and other states, Utah citizens will now have access to claim what is rightfully theirs."

"The people of Utah are the ultimate winners here. Our team works hard to reunite lost money with its rightful owner, including employing aggressive outreach campaigns, leveraging advanced technology, and partnering with charities, local government leaders, and the news media," Utah Treasurer Marlo Oaks said. "I hope this victory serves as a reminder to every Utahn to search mycash.utah.gov for unclaimed property, something we should all do at least once a year."

The settlement effectively ends the remaining damages phase of the consolidated actions of State of Delaware v. Commonwealth of Pennsylvania et al., No. 145 Original, and State of Arkansas, et al. v. State of Delaware, No. 146 Original.

Under the terms of the settlement, Delaware will transfer more than $102 million of the property that MoneyGram reported to Delaware from 2011 to 2017 to the coalition states, based on each monetary instrument's place of purchase. Delaware's transfer represents roughly half of the report years disputed in the litigation.

In addition, approximately $89 million deposited by MoneyGram in a litigation escrow account from 2018 to 2022, plus interest earned, will be distributed among all 50 states based on each instrument's place of purchase. The coalition states will receive nearly $55 million, plus earned interest, from the escrow account.

States will assume custody and responsibility to return any property received under the terms of the settlement or from the escrow account to owners, including paying any claims for the property.

The settlement agreement ends the outstanding parts of the ongoing litigation before the U.S. Supreme Court.