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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 14, 2018

				 Repeat investment fraudster Richard Zieske was sentenced to eight years in prison for wire fraud, securities fraud, and aggravated identity theft for posing as an investment advisor and convincing his victims to allow him to manage their retirement funds. Zieske-who used his victims’ money to pay for a limited-edition Harley Davidson motorcycle, a luxury SUV, and liposuction-was ordered to pay nearly $85,000 in restitution. USAO WDWA				 					 

						
Tagged in:
													  Misrepresentations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 14, 2018

				 Missouri-based podiatry provider Foot Healers agreed to pay the United States $125,000 to settle allegations the company violated the False Claims Act by using improper billing modifiers to inflate Medicare claims and falsely upcoding routine toenail trimmings performed on Medicare patients by claiming the service provided was medically necessary toenail debridement. USAO EDMO				 					 

						
Tagged in:
													  FCA Federal, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 14, 2018

				 Houston-based healthcare provider Memorial Hermann Health System agreed to pay nearly $2 million to resolve allegations it admitted Medicare patients for surgical procedures to three company-owned hospitals, then fraudulently billed for the services provided to these patients at inpatient rates when it should have billed at lower outpatient rates. USAO SDTX				 					 

						
Tagged in:
													  Hospital Fraud, 
													  Medical Billing Fraud, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 10, 2018

				 Cincinnati-based non-profit Mercy Health, which operates healthcare facilities in Ohio and Kentucky, agreed to pay $14,250,000 to settle allegations that it violated the False Claims Act and Stark Law by engaging in improper financial relationships with referring physicians. Specifically, the government alleged that Mercy Health provided compensation to six employed physicians that exceeded the fair market value of their services. DOJ				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Healthcare Fraud, 
													  Hospital Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 10, 2018

				 Japanese shipping company Nitta Kisen Kaisha Ltd. was convicted and sentenced for falsification of an Oil Record Book to cover-up intentional oil pollution from the Motor Vessel Atlantic Oasis. The company was ordered to pay a fine of $1 million. DOJ				 					 

						
Tagged in:
													  Environmental Fraud, 
													  Ocean Dumping, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 7, 2018

				 Massachusetts-based Challenge Fisheries LLC and Quinn Fisheries Inc. agreed to pay $414,000 in civil penalties to resolve federal Clean Water Act claims stemming from oily bilge discharges in New Bedford Harbor, Massachusetts. DOJ				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 7, 2018

				 Dr. Robert Fetchero, Dr. Sridhar Pinnamaneni, and Dr. Thelma Green-Mack agreed respectively to pay $200,000, $370,000 and $130,000 to settle allegations that they violated the False Claims Act, Anti-Kickback Statute, and the Stark Law by receiving improper payments for referrals from Pennsylvania-based drug testing lab Universal Oral Fluid Laboratories. According to the government, these physicians referred Medicare patients to Universal for drug testing services while engaged in a financial relationship with the lab. (DOJ (WDPA)				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Healthcare Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 4, 2018

				 Cary Hudson, a former financial administrator for the U.S. Bureau of Prisons, agreed to pay $50,000 to resolve allegations he violated the Anti-Kickback Act by accepting improper payments from Texas-based Integrated Medical Solutions Inc. in exchange for his assistance in obtaining BOP contracts. IMS and its former president Jerry Heftler previously agreed to pay more than $2.4 million for their role in the alleged scheme. DOJ				 					 

						
Tagged in:
													  Correctional Services Fraud, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 4, 2018

				 New York City-based urgent care company CityMD agreed to pay roughly $6.6 million to settle claims it violated the False Claims Act by billing Medicare for services rendered by physicians who did not actually perform those services and for more expensive and complex services than were actually provided to patients. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. DOJ				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
													  Upcoding, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 3, 2018

				 Maryland-based MassTech, Inc. along with its former CEO and CFO have agreed to pay $1.9 million to resolve allegations that the company violated the False Claims Act by falsely certifying it was a small business concern in order to obtain Small Business Innovation Research (SBIR) awards. According to the government, MassTech falsely represented to NSF, NASA, and HHS that it was an eligible small business concern at the time of its SBIR application and throughout the lifecycle of the award and as a result the government approved and funded SBIR awards to MassTech that it otherwise would not have received. DOJ (MD)				 					 

						
Tagged in:
													  FCA Federal, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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