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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.

May 24, 2018

Former registered broker Louis Petrossi was sentenced to 44 months imprisonment and ordered to pay $8 million in restitution and more than $335 million in forfeiture for his role in the fraudulent market manipulation of publicly-traded, NASDAQ-listed ForceField Energy, Inc.; the manipulation scheme involved (1) the undisclosed purchase and sale of ForceField stock through nominees, (2) orchestrated trades of ForceField stock to create the misleading appearance of genuine trading volume and interest, and (3) secret payments to stock promoters and broker dealers who promoted and sold the stock. USAO EDNY

May 21, 2018

Virginia investment adviser Roger Hudspeth was sentenced to 12.5 years in prison for selling to clients fraudulent, unregistered securities created, offered, and controlled by an associate previously banned by FINRA for prior fraudulent activities; Hudspeth’s clients lost more than $6 million in the scheme. USAO EDVA

May 18, 2018

New York podiatrist Perrin Edwards pled guilty to billing Medicare and private insurance companies for medical services he had not performed and for upcoding normal nail trimming, which is not reimbursable, to nail debridement, a covered service. Edwards will pay a $5,000 fine, serve one year of probation, and perform 50 hours of community service. USAO NDNY

May 18, 2018

Three Florida hospice providers-Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc.-will pay $2.5 million to resolve False Claims Act allegations that between 2005 and 2011, they billed Medicare for hospice services provided to patients who were not eligible for all or part of their hospice care under Medicare requirements. Two whistleblowers who initiated the suit, John Simons, M.D. and Lewis Cook, M.D, will receive more than $467,000 from the recovery for their role in bringing the fraud to light. USAO SDFL

May 17, 2018

Five New Jersey salesmen were sentenced to prison terms ranging from 21 to 41 months for their role in violating the AKS and other laws by bribing doctors-with cash, sham consulting fees, and other means of payment-for patient blood specimen referrals. USAO DNJ

May 17, 2018

Hartford, Connecticut-based Community Renewal Team, an action agency that received federal and state grant funding, agreed to settle allegations under the Federal and Connecticut False Claims Acts that it charged employee hours spent on state-funded grant programs to federal grants from HHS, HUD, and DOE, charged an employee’s time to a Head Start grant when that employee was working on other programs, and failed to stop a program manager from misappropriating $18,500 for her person use; the agency will pay $362,000 to settle all claims. USAO DCT

May 17, 2018

New Orleans physician Jobie Crear was sentenced to 8 months in prison and ordered to pay more than $810,000 to Medicare for his role in an illegal kickback conspiracy in which he paid recruiters to bring Medicare patients to a nursing and home health services company he operated. USAO EDLA

May 16, 2018

Stephanie L. Patterson was sentenced to five years of probation and ordered to pay more than $81,000 for falsely claiming payments from the State of Illinois Medicaid Home Services Program for hundreds of hours of home health services not performed. USAO SDIL

May 15, 2018

Colorado attorney Diane Dalmy was sentenced to 3 years in prison and an additional 3 years of supervised release for conspiring with others to perpetrate a “pump and dump” securities fraud scheme in which she and her co-conspirators artificially drove up the price of certain stocks issued by connected shell companies by fraudulently inducing investors to purchase them, then selling their own large positions in the investments at a profit after prices rose. USAO DCT

May 15, 2018

Edward Durante was sentenced to 18 years in prison for perjuring himself during an SEC deposition and defrauding at least 100 investors, many of whom were retirees, out of over $15 million in a scheme he began while serving time in prison for a prior securities fraud conviction. USAO SDNY
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