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November 3, 2022

Titan Medical Compliance, LLC, and its chiropractor owner Timothy Warren, have been ordered to pay over $15 million to resolve claims that they falsely marketed auricular electro-acupuncture devices as FDA-approved and Medicare-reimbursable, when in fact they are not.  The judgment against Warren and Titan is the latest in a federal investigation into the improper billing of these non-surgical devices.  USAO EDPA

November 1, 2022

Electronic health record technology vendor Modernizing Medicine, Inc. (“ModMed”) has agreed to pay $45 million to resolve allegations, including by its former VP of Product Management, that it both received and provided illegal kickbacks in exchange for referrals.  According to the government and whistleblower Amanda Long, ModMed engaged in schemes with Miraca Life Sciences, Inc. (now known as Inform Diagnostics) to receive kickbacks in exchange for recommending its users for Miraca’s lab services, and to provide its EHR technology free to healthcare providers to entice them to direct lab orders to Miraca and add to ModMed’s user base.  Long will receive about $9 million of the settlement with ModMed.  USAO NJ

October 26, 2022

Honeywell International Inc. has agreed to pay $3.35 million to settle a False Claims Act case involving the sale of defective bullet proof vests to the government.  Honeywell allegedly sold its patented Z Shield material to a bullet proof vest manufacturer, even though it knew the material was not cut out for ballistic use.  The vests were ultimately sold to multiple agencies through a GSA contract, as well as various state, local, and tribal law enforcement authorities through a DOJ program.  Their failures launched a 10-year investigation and litigation into the issue that ended with this settlement.  In total, the government recovered over $133 million from 17 entities and individuals.  DOJ

October 18, 2022

Carter Healthcare LLC, affiliates CHC Holdings and Carter-Florida, president Stanley Carter, and Chief Operations Officer Bradley Carter have agreed to pay $23 million and $7.2 million to settle two whistleblower cases alleging violations of the False Claims Act.  The first case, filed in the Western District of Oklahoma, alleged that the Oklahoma-based home health company paid illegal kickbacks to physicians under the guise of medical directorships in order to induce referrals.  The second case, filed in the Southern District of Florida by former therapists Sharon Mahaffey and Mark Brimer, alleged that Carter Healthcare billed Medicare for medically unnecessary therapy and upcoded patient diagnoses for higher reimbursements.  As part of the settlements, defendants Stanley and Bradley Carter have agreed to be excluded from participating in government healthcare programs for 5 years, and whistleblowers Mahaffey and Brimer will split a $1.3 million relator’s share.  USAO WDOK; USAO SDFL

October 17, 2022

A father and son, Mehdi and Saaed Moslem, have been sentenced to 3.3 years and 8 years in prison for concealing income from their lenders and the IRS, and evading taxes on their New York-based car dealership, Exclusive Motor Sports, and other businesses.  Along with the prison time, father Mehdi has been ordered to pay restitution of over $1 million and a $100,000 fine, and son Saaed has been ordered to pay restitution of nearly $2 million and a $200,000 fine.  USAO SDNY

October 17, 2022

Sutter Health has agreed to pay more than $13 million to settle claims of billing Medicare, Medicaid, TRICARE, and the Federal Employees Health Benefits Program for quantitative urine testing that were in fact performed by third-party labs.  The company has already paid more than $6.5 million and is due to pay the remaining $6.5 million in the next 30 days.  USAO NDCA

October 14, 2022

The owners of two Texas-based home health clinics have been sentenced to 10 years in prison each after a jury convicted them of conspiring to commit healthcare fraud.  Alfred Olotin Alatan, who owned Colony Home Health Services, and Francis Ekene, who owned Milten Medical Clinic, allegedly paid recruiters for patient information, then billed providers for home health services, regardless of need.  Co-conspirators Susana Bermudez and Rita Kpotie Smith, both of whom operated the clinics under Alatan’s direction, are currently serving 2.5 years and 5 years in prison, respectively.  USAO SDTX

October 14, 2022

Illinois Bell Telephone Company, LLC, d/b/a AT&T Illinois, has agreed to pay $23 million under a deferred prosecution agreement to resolve a bribery investigation.  As part of the resolution, AT&T Illinois admitted that it paid an ally of former Illinois Speaker of the House Michael J. Madigan $22,500 through a lobbying firm to unlawfully influence legislation favorable to the company.  USAO NDIL

October 13, 2022

Wisconsin-based public relations firm BVK, Inc. has agreed to pay $2.25 million to settle claims that it was ineligible for a second-draw loan that it received under the Paycheck Protection Program.  The second-draw loans had additional eligibility requirements from the first-draw loans, including a requirement that organizations that performed certain work on behalf of foreign governments were not allowed to receive a second-draw loan.  According to a whistleblower, at the time it applied for the second-draw loan, BVK was allegedly performing work on behalf of the government of the Dominican Republic and was thus ineligible for the loan it ultimately received.  USAO EDWI

October 12, 2022

Four pharmacies have agreed to pay over $6.8 million to settle a qui tam suit that alleged they defrauded TRICARE and the Federal Employees Health Benefits Program, in violation of the False Claims Act.  According to a former accountant for one of the pharmacies, DermaTran Health Solutions, LLC; Pharmacy Insurance Administrators, LLC; Legends Pharmacy; TriadRx; and Lake Side Pharmacy created a program to waive mandatory copays for beneficiaries of federal health insurers, overcharged the government for compounded pain creams, and traded out-of-network prescriptions with other pharmacies, which constituted a kickback.  USAO NDGA
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