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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 1, 2018

Richmond, Virginia-based James River Air Conditioning Company agreed to pay $625,000 to settle allegations that it violated prevailing wage requirements, underpaid workers, and submitted false payroll reports to the government related to plumbing, heating, and HVAC work the company performed under seven federal renovation and construction project contracts.  The case was originally filed as a whistleblower complaint under the False Claims Act by Nathan Kirchgessner, who will receive $106,250 from the settlement. USAO EDVA

June 1, 2018

Multi-state physical therapy provider Team Work Ready CEO Jeffrey Rose Sr. was sentenced to more than 19 years imprisonment for his role in an $18 million fraud scheme in which he and his co-conspirators billed the DOL for inadequate and inappropriate care, as well as for one-on-one physical therapy services never provided. USAO SDTX

May 31, 2018

Irina Minkovich and Yelena Babchinetskya, owners of Philadelphia-based I&L Express Pharmacy, entered into an integrity agreement and will pay $3.2 million to the federal government to resolve allegations that they violated the False Claims Act over a six-year period by billing Medicare for prescription drugs never dispensed to patients. USAO EDPA

May 31, 2018

New York doctor Thomas Savino was sentenced to four years in prison, fined $100,000, and ordered to forfeit $27,500 for violating the AKS and other laws by accepting at least $25,000 in cash brides from Biodiagnostic Laboratory Services LLC in exchange for referring patient blood samples to the lab. USAO DNJ

May 29, 2018

Following a two-week jury trial, LaTonya Mallory, Floyd Calhoun Dent III, and Robert Bradford Johnson were collectively found liable for $114 million for violating the False Claims Act and Anti-Kickback Statute by paying physicians for patient referrals to two blood-testing laboratories, and for causing those laboratories to bill federal health care programs for medically unnecessary testing. The verdict resolves three separate whistleblower suits filed by Dr. Michael Mayes, Scarlett Lutz, Kayla Webster, and Chris Reidel, who will receive a yet-to-be-determined share of any recoveries. USAO DDC

May 29, 2018

UK-headquartered marine services contractor Inchcape will pay $20 million to resolve allegations the company and its subsidiaries defrauded the U.S. Navy by submitted exaggerated invoices, double-billing, and billing at rates in excess of agreed-upon rates under contracts for ship "husbanding" services, including ship-to-shore and local transportation, force protection services, food provision, and waste removal. The case was originally filed under the False Claims Act by former employees of Inchcape, Noah Rudolph, Andrea Ford, and Lawrence Cosgriff, who will receive approximately $4.4 million of the settlement. USAO DDC

May 29, 2018

Wal-Mart and Sam’s Club will collectively pay $825,000 to resolve federal and state False Claims Act allegations the company’s automatic prescription refills for Minnesota Medicaid patients violated Minnesota law and wasted taxpayer dollars on unnecessary and unused medications. USAO DMN

May 25, 2018

Florida pain management clinic Riverside Spine & Pain Physicians agreed to pay $1.2 million to settle allegations under the False Claims Act that it billed federal health care programs for medically unnecessary tests and indiscriminately ordered quantitative urine drug tests; whistleblower and former employee Dr. Carissa Stone will receive approximately $240,000 for her role in shining a light on the fraud. USAO MDFL

May 24, 2018

Pharmaceutical giant Pfizer agreed to pay $23.85 million and enter in to a corporate integrity agreement to resolve claims under the False Claims Act that it induced Medicare patients to use three Pfizer drugs, Sutent, Ilyta, and Tikosyn, by unlawfully covering patients copays in violation of the AKS; in doing so, Pfizer increased its profits and masked the effect of drug price increases. DOJ

May 24, 2018

Two Honolulu-based fishing companies, their managers, and vessel operators, agreed to pay collective penalties of more than $42,000 to settle claims related to the discharge of oily waste into ocean waters from two commercial fishing vessels; the companies and individuals also agreed to implement operational improvements and other compliance measures. USAO DHI
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