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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.

				

			

			
						
					
			 			




	
		
		

			

				
				
December 22, 2017

				 Kmart Corporation, a wholly owned subsidiary of Sears Holdings Corporation, agreed to pay $32.3 million to settle allegations that Kmart violated the False Claims Act through Kmart pharmacies offering discounted generic drug prices to cash-paying customers through various club programs without disclosing those prices when reporting to federal health programs its usual and customary prices. Usual and customary pricing is typically used by Medicare and the other federal health programs to establish reimbursement rates. The settlement is a part of a global $59 million settlement that includes a resolution of state Medicaid and insurance claims against Kmart. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by James Garbe. He will receive a whistleblower award of $9.3 million. DOJ				 					 

						
Tagged in:
													  Drug and DME Pricing, 
													  FCA Federal, 
													  Medicaid, 
													  Medicare, 
													  Pharma Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 22, 2017

				 Keppel Offshore & Marine Ltd., a Singapore-based company that operates shipyards and repairs and upgrades shipping vessels, and its wholly owned U.S. subsidiary, Keppel Offshore & Marine USA Inc., agreed to pay a combined total penalty of more than $422 million to resolve criminal charges of violating the Foreign Corrupt Practices Act and related charges from authorities in Brazil and Singapore. Specifically, Keppel participated in a decade-long scheme to pay millions of dollars in bribes to officials in Brazil. DOJ				 					 

						
Tagged in:
													  FCPA, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2017

				 Rhode Island-based Dominion Diagnostics, Inc. agreed to pay $815,000 to resolve claims of violating the False Claims Act by presenting claims to Medicare and Vermont Medicaid for urine specimen validity testing when referring physicians did not specifically order the testing. DOJ (DVT)				 					 

						
Tagged in:
													  FCA Federal, 
													  Laboratory and IDTF, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2017

				 Florida-based Haven Hospice agreed to pay roughly $5 million to resolve allegations that Haven violated the False Claims Act by knowingly billing the government for medically unnecessary and undocumented hospice services. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former Haven employee Dr. John Simons. Dr. Simons will receive a whistleblower award of roughly $900,000 from the proceeds of the government's recovery. DOJ (MDFL)				 					 

						
Tagged in:
													  FCA Federal, 
													  Home Health and Hospice, 
													  Lack of Medical Necessity, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 20, 2017

				 Maryland-based pharmaceutical company United Therapeutics Corporation agreed to pay $210 million to resolve claims it violated the False Claims Act and Anti-Kickback Statute by using a foundation as a conduit to pay the copays of Medicare patients taking the company's pulmonary arterial hypertension drugs. The government charged that covering the copays was prohibited remuneration used to induce Medicare patients to purchase the company’s products. DOJ				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 20, 2017

				 ArcelorMittal Monessen LLC agreed to pay a $1.5 million penalty to settle charges of violating the Clean Air Act violations at its coke (purified coal) plant in Monessen, Pennsylvania. The company also agreed to implement an estimated $2 million in air pollution controls to limit particulate and sulfur compound emissions. DOJ				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 19, 2017

				 Two physician groups, EmCare Inc. and Physician’s Alliance Ltd, agreed to pay more than $33 million to settle charges of violating the False Claims Act and Anti-Kickback Statute for allegedly receiving kickbacks in exchange for patient referrals to hospitals owned by the now-defunct Health Management Associates. Dallas-based EmCare agreed to pay $29.6 million to resolve allegations it received remuneration from HMA to recommend patients be admitted to HMA hospitals on an inpatient basis when the patients should have been treated on an outpatient basis. In a separate settlement, Pennsylvania-based Physician's Alliance agreed to pay $4 million for allegedly accepting illegal remuneration from HMA to refer patients to two HMA hospitals, Lancaster Regional Medical Center and Heart of Lancaster Medical Center. The allegations originated in whistleblower lawsuits filed under the qui tam provisions of the False Claims Act.  Drs. Thomas Mason and Stephen Folstad brought the qui tam suit against EmCare and will receive a whistleblower award of roughly $6.2 million from the proceeds of the government's recovery. Former HMA hospital executives George E. Miller and Michael J. Metts brought the qui tam suit against Physician's Alliance and will receive a yet-to-be-determined award from the proceeds of the government's recovery. DOJ				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Hospital Fraud, 
													  Lack of Medical Necessity, 
													  Multiple Whistleblowers and First-to-File, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 19, 2017

				 Houston-based Citation Oil & Gas Corp. and its affiliates Citation 2002 Investment Limited Partnership and Citation 2004 Investment Limited Partnership agreed to pay $2.25 million to resolve allegations under the False Claims Act that they underpaid royalties owed on natural gas produced from federal lands in Wyoming. DOJ				 					 

						
Tagged in:
													  Environmental Fraud, 
													  FCA Federal, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 19, 2017

				 United Technologies Corporations agreed to pay roughly $1 million to resolve allegations of violating the False Claims Act relating to conduct by Goodrich Pump and Engine Controls Systems, a company UTC indirectly owned from July 2012 through March 2013.  According to the government, Goodrich was a subcontractor to Rolls-Royce Corporation which was a prime contractor to the U.S. Army and Goodrich sold to Rolls Royce counterfeit microprocessors to be integrated in Full Authority Digital Engine Control Units for installation into Rolls Royce's M-250 series engines for U.S. Army helicopters. DOJ (DCT)				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  Defense Contract Fraud, 
													  FCA Federal, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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