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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.

November 21, 2017

Sila Luis, the owner and operator of two defunct Miami home health agencies, was sentenced to 80 months in prison and pay $45 million in restitution, for her role in a $74 million conspiracy to defraud the Medicare program.  As part of her guilty plea, Luis admitted that she and her co-conspirators operated LTC Professional Consultants Inc. to fraudulently bill the Medicare program for home health care services, including diabetic injections, skilled nursing visits, physical therapy, and other treatments and services.  Professional Home Care Solutions Inc. was another home health agency under Luis’s ownership and control that was involved in the conspiracy.  Luis further admitted that she and her co-conspirators paid patient recruiters kickbacks and bribes in exchange for the referral of Medicare beneficiaries to LTC.  DOJ

November 17, 2017

Meadows Regional Medical Center, Inc. agreed to pay up to $12,875,000 to resolve allegations of violating the False Claims Act, Anti-Kickback Statute and Stark Law by submitting claims referred by physicians with whom Meadows had improper compensation arrangements.  DOJ (SDGA)

November 17, 2017

New York-based defense contractor Telephonics Corporation agreed to pay $4,250,000 to settle claims it violated the False Claims Act by overbilling the government under certain contracts to provide vehicle-mounted counter-improvised explosive device systems (Warlock Systems) to the Army and multi-mode radar systems (LAMPS Systems) to the Navy.  DOJ (EDNY)

November 16, 2017

Georgia-based not-for-profit Hyperion Foundation, its former president Julie Mittleider, Georgia-based nursing home management company AltaCare Corporation, its CEO Douglas Mittleider, and related companies Long Term Care Services Inc. and Sentry Healthcare Acquirors Inc. agreed to pay $1.25 million to resolve allegations of violating the False Claims Act by providing grossly substandard care to residents at the Oxford Health and Rehabilitation nursing home in Mississippi when it was operated by AltaCare under a contract with Hyperion.  The allegations originated in a whistleblower lawsuit under the qui tam provisions of the False Claims Act by Academy Health Center Inc., the owner and landlord of the Mississippi skilled nursing facility.  Academy will receive a whistleblower award in an undisclosed amount from the proceeds of the government's recovery.  DOJ

November 16, 2017

Four San Diego-area nursing homes owned by Los Angeles-based Brius Management Co. agreed to pay as much as $6.9 million to resolve allegations of violating the False Claims Act and Anti-Kickbacks Statute by paying kickbacks for patient referrals to discharge planners at Scripps Mercy Hospital San Diego.  The four nursing homes involved are Point Loma Convalescent Hospital, Brighton Place – San Diego, Brighton Place – Spring Valley, and Amaya Springs Health Care Center.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Viki Bell-Manako, a former employee of one of the Brius nursing homes.  She will receive a whistleblower award of 20% of the proceeds of the government's recoveryDOJ (CDCA)

November 14, 2017

Ohio-based Progressive Casualty Insurance Co. and New Jersey-based Progressive Garden State Insurance Co., part of the Progressive Group of Insurance Companies, one of the nation’s largest auto insurance providers, agreed to pay more than $2 million to resolve allegations they violated the False Claims Act by causing Medicare and Medicaid to pay for claims for which the companies were responsible. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. The whistleblower will receive an award of more than $600,000 from the proceeds of the government's recovery. DOJ (DNJ)

November 7, 2017

Detroit-area doctor Johnny Trotter was sentenced to 180 months in prison and to pay roughly $9 million in restitution for his role in a $26 million health care fraud scheme that involved billing Medicare for nerve block injections that were never provided and efforts to circumvent Medicare’s investigation of the fraudulent scheme.  DOJ

November 3, 2017

Michael Baker, the former CEO of Texas-based medical device company ArthroCare Corporation was sentenced today to 240 months in prison and to pay roughly $15 million in fines and forfeitures for his role in orchestrating a fraud scheme that resulted in shareholder losses of over $750 million.  DOJ

October 31, 2017

Stephen G. Ackerman agreed to pay $200,000 to settle charges he violated the False Claims Act by improperly accepting Social Security Disability Income payments and misleading the Social Security Administration by failing to disclose his work on behalf of Organic Alternatives, a marijuana retail business Mr. Ackerman owns and operates.  DOJ (DCO)

October 30, 2017

Ohio-based Chemed Corporation and various wholly-owned subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation, agreed to pay $75 million to resolve charges they violated the False Claims Act by submitting claims for hospice services to Medicare for patients not terminally ill.  Vitas is the largest for-profit hospice chain in the United States and was acquired by Chemed in 2004.  The government alleged the defendants rewarded employees with bonuses for the number of patients receiving hospice services, without regard to whether they were actually terminally ill and whether they would have benefited from continuing curative care.  The government further alleged that Vitas submitted false claims to Medicare for continuous home care services that were not necessary, not actually provided, or not performed in accordance with Medicare requirements.  The allegations originated in several whistleblower lawsuits filed under the qui tam provisions of the False Claims Act.  The whistleblowers will receive a portion of the proceeds of the government's recovery.  DOJ
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