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March 24, 2015

MTU America Inc., a subsidiary of Rolls-Royce Power Systems AG, agreed to pay a $1.2 million penalty to settle charges it violated the Clean Air Act by failing to ensure its compliance with federal emission standards for its heavy-duty diesel non-road engines used in mining, marine and power generation vehicles and equipment.  DOJ

March 23, 2015

California-based Fireman’s Fund Insurance Company, a subsidiary of Allianz SE, agreed to pay $44 million to settle allegations it violated the False Claims Act by issuing insurance policies that were ineligible under the US Department of Agriculture’s federal crop insurance program and falsifying documents in support of the improper issuances.  DOJ

March 23, 2015

Former principal vice president of Bechtel Corporation Asem Elgawhary was sentenced to 42 months in prison for accepting $5.2 million in kickbacks to manipulate the competitive bidding process for state-run power contracts in Egypt.  One of the power companies who supplied the bribes, Alstom S.A., pleaded guilty in December to violations of the Foreign Corrupt Practices Act.  DOJ

March 23, 2015

Michigan-based Portage Hospital, LLC agreed to pay $4,446,392 to settle allegations its hospital-owned home health care agency, Portage Health Home Care & Hospice, violated the False Claims Act by submitting false claims to Medicare for unnecessary or unwarranted physical therapy services.  DOJ

March 20, 2015

A federal jury in Los Angeles convicted Hakop Gambaryan, owner of Colonial Medical Supply, of four counts of health care fraud in connection with a $3.3 million Medicare fraud scheme.  According to evidence presented at trial, Gambaryan paid cash kickbacks to medical clinics for fraudulent prescriptions for durable medical equipment, such as expensive power wheelchairs, which the patients did not need, and then used these fraudulent prescriptions to bill Medicare.  DOJ

March 20, 2015

A federal jury in Los Angeles convicted Sylvia Walter-Eze, former owner ofEzcor Medical Supply, in connection with a $3.5 million Medicare and Medi-Cal fraud scheme.  The evidence at trial demonstrated that Walter-Eze paid illegal kickbacks to patient recruiters in exchange for patient referrals, and to physicians for fraudulent prescriptions for power wheelchairs and other medically unnecessary equipment.  DOJ

March 19, 2014

Pennsylvania-based heart monitoring company BioTelemetry Inc. agreed to pay $6.4 million to resolve allegations its subsidiary CardioNet violated the False Claims Act by overbilling Medicare and other federal health programs for Mobile Cardiac Outpatient Telemetry services when those services were not reasonable or medically necessary.  DOJ

March 19, 2015

Bank of New York Mellon agreed to pay $714 million to settle charges the bank engaged in fraud and other misconduct when providing foreign exchange (“FX”) services to its customers.  As part of the settlements with the US and New York, BNYM admitted that contrary to representations to clients that it provided “best rates” and “best execution” for FX transactions, the Bank actually gave clients the worst reported interbank rates of the trading day.  The charges originated in a lawsuit brought by a whistleblower under the New York False Claims Act.  Whistleblower Insider

March 19, 2014

Adventist Health System Sunbelt Healthcare Corporation agreed to pay $5,412,502 to resolve claims it violated the False Claims Act by providing radiation oncology services to Medicare and TRICARE beneficiaries that were not directly supervised by radiation oncologists or similarly qualified persons.  The allegations arose in a whistleblower lawsuit filed by Dr. Michael Montejo, a radiation oncologist and former employee of Florida Oncology Network P.A., under the qui tam provisions of the False Claims Act.  Dr. Montejo will receive a whistleblower award of $1,082,500.  DOJ

March 18, 2015

Gilbane Building Company agreed to pay $1.1 million to resolve allegations that W.G. Mills Incorporated (which Gilbane merged with in November 2010) violated the False Claims Act by creating a front company, Veterans Constructors Incorporated (VCI), in order to be awarded a Coast Guard contract that was designated for Service Disabled Veteran Owned Small Businesses.  VCI agreed to pay $50,000 plus five annual contingency payments equal to one percent of VCI’s total annual revenues to resolve the same allegations.  DOJ
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