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DOJ Enforcement Actions

The Department of Justice is the principal federal agency authorized to enforce the laws and defend the interests of the United States. As such, it oversees the enforcement of the False Claims Act, the foundation of the American whistleblower system, as well as numerous other laws.

The agency traces its origins to the Judiciary Act of 1789 which created the Office of the Attorney General, and the 1870 Act to Establish the Department of Justice, which established the agency as “an executive department of the government of the United States” with the Attorney General as its head.

The agency is comprised of numerous divisions with the Civil Division and in some instances, the Criminal Division, overseeing investigations and prosecutions under the False Claims Act. The U.S. Attorneys Office of the federal district where the False Claims Act case is filed also plays a key role in False Claims Act enforcement.

Below are summaries of recent DOJ settlements or successful resolutions under the False Claims Act as well as other successful prosecutions for fraud and misconduct. If you believe you have information about fraud which could give  rise to a claim for a whistleblower reward, please contact us to speak with one of our experienced whistleblower attorneys.

June 22, 2018

Tax preparers Joseph Racine and Arnouse Merlien pled guilty to conspiracy to violate the Internal Revenue Code by falsely claiming tax credits and deductions for their clients. Racine and Merlien defrauded taxpayers of over $3.5 million. The investigation showed that Racine and Merlien improperly claimed the tax credits and deductions for their clients to increase the amount of fees they could charge their clients. USAO NDGA

June 22, 2018

David Laughton, a New Hampshire resident, has pleaded guilty to theft of public money. Laughton collected his deceased mother’s checks from the Social Security Administration and the Pension Benefit Guaranty Corporation for over a decade. In total, he collected over $180K of money meant for his mother. USAO New Hampshire

June 21, 2018

Jasmin Polanco, a Boston-based real estate lawyer, was sentenced to 15 months in prison and ordered to pay $1.2M in restitution for her role in a large mortgage fraud conspiracy. According to prosecutors, Polanco and other defendants engaged in a scheme to defraud banks via fake short sales of homes, artificially decreasing their value, before another member of the conspiracy purchased the home at the artificially low value. USAO Massachusetts

June 20, 2018

Healogics, a Florida-based company which runs a chain of wound care centers, has settled FCA allegations that it improperly billed for hyperbaric oxygen therapy (a modality in which the entire body is exposed to oxygen under increased atmospheric pressure, as an adjunctive therapy to treat certain chronic wounds). The company paid $22.5M to settle allegations that it billed for unnecessary or unreasonable hyperbaric oxygen therapy. The allegations were brought to the government’s attention by four whistleblowers, James Wilcox, Dr. Benjamin Van Raalte, Dr. Michael Cascio, and John Murtangh. The whistleblowers will receive a $4.28M reward. Separately, Healogics also paid $398K to settle another FCA case alleging that it improperly applied Modifier 25, which signifies that a separate evaluation and management service was performed on the same day as another procedure, to claims that were sent to Medicare, Medicaid, and TRICARE. The allegations were brought to light by a whistleblower, who will receive a $91K reward. DOJUSAO Northern District of Iowa

June 19, 2018

Luis Diaz and Luis J. Diaz, owners of a Miami-based export business, were convicted of operating an unlicensed money transmitting business and running a large, international money laundering scheme. The Diaz brothers avoided the anti-money laundering safeguards required of licensed institutions and moved over $100M through US banks and other financial institutions. Both brothers were sentenced to two years in prison. USAO Southern District of New York

June 18, 2018

Ronald Grusd, a Beverly Hills radiologist, was sentenced to 10 years in prison for his role in a massive worker’s comp scheme. The scheme involved the payment of over $100k in kickbacks in exchange for referrals or workers’ comp patients for a variety of services, including MRIs and ultrasound scans. Dr. Grusd billed over $22M in services based on these referrals. USAO Southern District of California

June 15, 2018

Adam Hand, a California-based former stock broker, was sentenced to 30 months in prison relating to charges of conspiracy to commit securities fraud. Hand and his brother participated in a “pump and dump” scheme that involved manipulating the price of Crown Marketing, a penny stock. Due to the scheme, investors lost over $1.5M. USAO Massachusetts

June 18, 2018

Rosenbaum & Associates, a Philadelphia-based personal injury firm, has settled allegations that it violated Medicare’s secondary payor rules, resulting in losses to Medicare. After achieving certain recoveries, the firm was obligated to reimburse the United States for certain costs the government incurred. The settlement amounts was $28k. USAO Eastern District of Pennsylvania
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