Government Enforcement Actions

July 6, 2015

New York announced a $400,000 settlement with a transportation company that was unable to provide documentation for services it had billed to Medicaid. “Providers must be able to properly document services for which they received payment from Medicaid,” said Attorney General Schneiderman. “Doing otherwise drains Medicaid of precious resources, and my office will steadfastly guard New York taxpayer dollars expended to ensure quality care to those most in need.” NY

July 6, 2015

The CFTC has filed a civil enforcement action against Yumin Li, from the People’s Republic of China, and Kering Capital Ltd., a British Virgin Islands company, with fraud, engaging in fictitious transactions, and trading noncompetitively in violation of the Commodity Exchange Act and CFTC regulations.  CFTC

June 30, 2015

The FTC is mailing checks totaling approximately $4 million to consumers who lost money to a debt collection operation that extorted payments from them using false threats. In May 2014, the FTC settled charges against Asset Capital and Management Group, which, under various names, illegally extracted payments from consumers for credit card debt the defendants had purchased from creditors. The settlement order banned the defendants from the debt collection industry. FTC

June 29, 2015

New York announced a settlement with pharmacy Trinity Homecare LLC that returns $2.5 million to the state’s Medicaid program. A whistleblower filed a lawsuit in 2009 alleging that Trinity pushed infusion drugs, which are prescribed to manage symptoms, to hemophilia patients and presented claims to Medicaid for unneeded or excessive quantity of these drugs. The whistleblower alleged improper billing for drug deliveries, including ones that patients refused to accept and excess shipments. In at least one instance, these expensive drugs were allegedly left outside a patient’s home without signature by the patient. NY

June 26, 2015

The FTC has approved a final consent order involving Network Solutions, LLC, which misled consumers who bought its web hosting services by falsely promising a full refund if they canceled within 30 days. In an administrative complaint announced in April 2015, the FTC alleged that Network Solutions, a domain name registrar and web hosting provider, offered web hosting packages with a “30 Day Money Back Guarantee,” but did not adequately disclose that it withheld up to 30 percent of the refund from customers who cancelled within 30 days of buying an annual or multi-year package and registering an included domain name. FTC

June 24, 2015

The CFTC has charged Nick A. Wurl and his company Ludiera Capital LLC, both of Chicago, Illinois, with fraud, misappropriation, and the issuance of false statements in connection with a $9 million investment pool scheme.  CFTC

June 24, 2015

Dr. Alon Vanier and nurse Daniel Barbir will receive a very sizeable whistleblower award from the $450 million DaVita Healthcare Partners, Inc. agreed to pay to settle charges it violated the False Claims Act by purposely creating and then billing the government for unnecessary waste in administering the drugs Zemplar and Venofer to dialysis patients.

June 23, 2015

Georgia announced a prison sentence for the owner of Senior Care of Columbus, Inc., following her guilty plea to Medicaid fraud and related charges. From 2009 until 2011, the defendant submitted numerous fraudulent claims for and was reimbursed for services that were not provided to patients. An extraordinarily high percentage of claims submitted by defendant for reimbursement to Georgia Medicaid lacked any documentation, and it was discovered that in many instances, the defendant billed Medicaid on days when patients received no services at all, and for patients who had been discharged. GA

June 19, 2015

The Southern District of New York has ordered Joseph F. Welsh III of Northport, New York, to pay $500,000 to resolve CFTC charges that he attempted to manipulate settlement prices of NYMEX palladium and platinum futures contracts.  CFTC

June 18, 2015

47 states and the District of Columbia reached a settlement with Inspire Pharmaceuticals, resolving allegations that Inspire violated state and federal False Claims Act laws by illegally marketing the drug Azasite for off-label uses not approved by the U.S. Food and Drug Administration. Approved only for the treatment of bacterial conjunctivitis (“pink eye”), Inspire marketed Azasite for the treatment of blepharitis, an inflammation of the eyelash follicles. While physicians are permitted to prescribe drugs for conditions other than those for which the drugs have been approved by the FDA, pharmaceutical companies are prohibited from marketing drugs to physicians for such off label conditions. It is contended that, as a result of Inspire’s illegal off label promotion, Inspire caused the submission of false and fraudulent claims for Azasite to the Medicaid program and other federal programs. NY