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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.

April 19, 2018

San Diego-based diagnostic lab testing company Biotheranostics Inc. agreed to pay $2 million to settle claims it violated the False Claims Act by submitting claims to Medicare for Breast Cancer Index (BCI) tests not reasonable and necessary for the diagnosis and treatment of breast cancer. DOJ

April 16, 2018

Aharon Aron Krkasharyan, a former employee Mauran Ambulence Inc., was sentenced to 36 months in prison and pay roughly $485,000 for his role in a scheme that resulted in more than $1.1 million in fraudulent claims to Medicare.  Krkasharyan admitted he conspired with other Mauran employees to submit claims to Medicare for ambulance transportation services for individuals who did not need such services. Krkasharyan also admitted that he and his co-conspirators instructed Mauran emergency medical technicians to conceal the patients’ true medical conditions by altering paperwork and creating fraudulent reasons to justify the ambulance services. DOJ

April 12, 2018

Arizona-based Banner Health agreed to pay over $18 million to settle claims that 12 of its hospitals in Arizona and Colorado submitted false claims to Medicare by admitting patients who could have been treated on a less costly outpatient basis. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former Banner employee Cecilia Guardiola. She will receive a whistleblower award of roughly $3.3 million from the proceeds of the government’s recovery. DOJ

April 12, 2018

Florida-based respiratory equipment supplier Rotech Healthcare Inc. agreed to pay $9.68 million to settle claims of violating the False Claims Act by submitting claims for portable oxygen contents to Medicare for beneficiaries who did not use or require them. The Company further admitted to billing Medicare regardless of whether such contents were delivered. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former Rotech employee Janet Hale. She will receive a whistleblower award of $1,645,600 from the proceeds of the government’s recovery. DOJ

April 10, 2018

Connecticut-based medical practice World Health Clinicians, Inc., its CEO Scott Gretz, and former World Health physician Gary Blick agreed to pay roughly $650,000 to settle claims they violated the False Claims Act by submitting claims for physical therapy and other covered services when in fact the patients received massages provided by a massage therapist. DOJ (CT)

April 5, 2018

A judgement for roughly $30.6 million was entered against Texas-based BestCare Laboratory Services LLC and its founder Karim Maghareh for violating the False Claims Act by billing the government for thousands of miles that were not actually travelled. Dr. Richard Drummond discovered the fraud after hiring a former BestCare employee and learning of their billing practices. He then filed a whistleblower lawsuit under the qui tam provisions of the False Claims Act. He will receive a whistleblower reward from the proceeds of the judgment. DOJ (SDTX)

April 5, 2018

The Estate of Dr. Leroy Pelicci, former owner of Scranton-based Pelicci Pain Relief Center, agreed to pay $625,000 to settle claims he violated the False Claims Act by submitting improper claims for payment to the Department of Labor Office of Workers’ Compensation Programs under the Federal Employees Compensation Act and the Federal Employees Health Benefits Program for trigger point injections, which were upcoded to receive a higher reimbursement amount than permitted. DOJ (MDPA)

April 3, 2018

Norwegian NGO Norwegian People’s Aid, which receives funding from the US Agency for International Development, agreed to pay $2 million to settle claims it violated the False Claims Act by providing material support to Iran, Hamas, the Popular Front for the Liberation of Palestine (“PFLP”), and the Democratic Front for the Liberation of Palestine (“DFLP”), contrary to federal funding requirements. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. DOJ (SDNY)

April 2, 2018

Utah construction companies Big-D Construction Corp. and Creative Times Day School, Inc. agreed to pay roughly $1 million and $150,000 respectively to settle claims they violated the False Claims Act by violating the terms of a Small Business Administration (SBA) program for small and disadvantaged businesses. DOJ (Utah)

April 2, 2018

$130,752 to settle allegations that two companies, Sanders Oil & Gas, LLC and Sanco Operating Company agreed to pay roughly $130,000 to settle claims it violated the False Claims Act by failing to pay money owed to the Department of the Interior’s Office of Natural Resources Revenue for natural gas produced from a federal lease located in New Mexico. DOJ (CO)
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