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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 2, 2018

New Jersey construction company Ranco Construction agreed to pay $1.5 million to resolve allegations it violated the False Claims Act by contracting for public construction jobs despite paying its workers a lower hourly wage than required under state and federal law. Specifically, the government claimed that Ranco routinely entered into construction contracts with various state and federal entities and falsely certified to the government that its employees were paid hourly wage rates set under federal and New Jersey prevailing wage laws. The allegations originated in a whistleblower lawsuit filed former Ranco employee Robert Kleinow under the qui tam provisions of the False Claims Act. He will receive of a whistleblower award of more than $150,000 from the proceeds of the government’s recovery. DOJ (NJ)

April 30, 2018

Panasonic Avionics Corporation, a subsidiary of Japan-based electronics giant Panasonic Corporation, agreed to pay a $137.4 million criminal penalty to resolve charges of violating the Foreign Corrupt Practices Act through a scheme to make improper foreign payments through consultants and sales agents. Panasonic also agreed to pay roughly $143 million in disgorgement to the SEC for a total payout of more than $280 million. DOJ

April 27, 2018

New Era Rehabilitation Center and its owners agreed to pay roughly $1.4 million to resolve allegations they violated the False Claims Act by improperly billing Medicaid for methadone maintenance counseling services and psychotherapy services for the same patients. DOJ (CT)

April 27, 2018

Las Vegas medical practice Cardiovascular and Thoracic Surgeons of Nevada, Inc. agreed to pay $1.5 million to resolve allegations it violated the False Claims Act by billing federal healthcare programs for surgical services not actually provided to its cardiac patients and billing for more expensive surgical and evaluation and management services than actually provided. DOJ (NV)

April 26, 2018

Nicholas A. Borgesano Jr., owner of Florida pharmacy A to Z Pharmacy was sentenced to 180 months in prison and ordered to pay $54 million in restitution for his role in a massive compounding pharmacy fraud scheme. DOJ

April 26, 2018

Tennessee physician Brenna Green paid roughly $200,000 to settle claims she violated the False Claims Act, the Stark Law and the Anti-Kickback Statute for her role in a kickback scheme with Southwest Laboratories, Medscan Laboratory, and sales representatives affiliated with Southwest and Medscan. According to the government, Green acquired shares in Southwest for a nominal sum in exchange for a guaranteed “dividend” of approximately $5,000 per month as long as she met or exceeded the number of urine drug screen referrals required by Southwest. DOJ (NDVA)

April 25, 2018

Long Island-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP (dba Pediatrics and Adolescent Medicine), along with some of the practice’s current and former physicians, agreed to pay $750,000 to resolve allegations they violated the False Claims Act by billing Medicaid for services provided by physicians who were not enrolled in the program. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. DOJ (EDNY)

April 23, 2018

Three individuals who fraudulently marketed and sold light-emitting medical devices as a cure-all to consumers were sentenced as follows: Robert “Larry” Lytle, the leader of the scheme, was sentenced to 12 years in prison; Ronald D. Weir Jr. was sentenced to 24 months; and Irina Kossovskaia was sentenced to 15 months. Lytle and his co-conspirators marketed and distributed QLaser devices to mostly elderly consumers by falsely claiming they could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. DOJ

April 20, 2018

Vladimir Frado was sentenced to 97 months in prison and pay roughly $4 million in restitution for his role in a $10 million health care fraud scheme involving a now-defunct home health clinic and two sham physical rehabilitation clinics located in Miami. DOJ

April 19, 2018

Former professional cyclist Lance Armstrong agreed to pay $5 million to settle claims he violated the False Claims Act through his admitted use of performance-enhancing drugs and methods resulting in the submission of millions of dollars in false claims for sponsorship payments to the U.S. Postal Service. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former teammate Floyd Landis.  Landis will receive a whistleblower award of $1.1 million from the proceeds of the government’s recovery. DOJ
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