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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.

September 27, 2017

Edison Adult Medical Daycare, its former owner Dinesh Patel and current owners Daxa Patel and Satish Mehtani agreed to pay $2.72 million to resolve allegations they violated the False Claims Act through Edison's improper billing and receiving payments from Medicaid despite Dinesh Patel having been excluded from participating in Medicaid following his 2012 conviction for accepting kickbacks. DOJ (DNJ)

September 22, 2017

Former Kentucky clinical psychologist Alfred Bradley Adkins was sentenced to 25 years in prison for his role in a scheme to fraudulently obtain more than $550 million in federal disability payments from the Social Security Administration for thousands of claimants.

September 22, 2017

Aegerion Pharmaceuticals Inc., the Massachusetts-based subsidiary of Novelion Therapeutics Inc., agreed to plead guilty to charges relating to its prescription drug Juxtapid.  Specifically, Aegerion introduced Juxtapid into interstate commerce that was misbranded because, among other things, Aegerion failed to comply with a Risk Evaluation and Mitigation Strategy.  Aegerion agreed to pay more than $35 million to resolve criminal and civil liability arising out of violations of the False Claims Act and Federal Food, Drug, and Cosmetic Act.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Aegerion former employees Michele Clarke, Tricia Mullins, and Kristi Winge.  They will receive a whistleblower award of $4.7 million from the proceeds of the government's recovery. DOJ

September 22, 2017

SolarCity Corporation agreed to pay $29.5 million to resolve allegations it violated the False Claims Act by submitting inflated claims on behalf of itself and affiliated investment funds to the U.S. Department of the Treasury under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Section 1603).  As part of the settlement, SolarCity and its affiliates will also release all pending and future claims against the United States for additional Section 1603 payments.  SolarCity was purchased by Tesla Motors Inc. in November of 2016 after the alleged conduct at issue in this case.  According to the government, SolarCity submitted thousands of Section 1603 claims on behalf of itself and affiliated investment funds in which it overstated the cost bases of its solar energy properties to obtain inflated grant payments from the Treasury. DOJ

September 21, 2017

Stockholm-based Telia Company AB and its Uzbek subsidiary Coscom LLC agreed to pay a combined total penalty of more than $965 million to resolve charges of violating the Foreign Corrupt Practices Act (FCPA) arising out of a scheme to pay bribes in Uzbekistan.  According to the government, it is one of the largest criminal corporate bribery and corruption resolutions ever. DOJ

September 20, 2017

Miami physician Roberto A. Fernandez was sentenced to 97 months in prison and to pay $4.8 million in restitution for his role in a $4.8 million health care fraud scheme that involved the submission of false and fraudulent claims to Medicare and the illegal prescribing of controlled substances, including oxycodone and hydrocodone. DOJ

September 20, 2017

New Jersey-based durable medical equipment supplier R&V Medical Supplies LLC and its former owner Victor Saul agreed to pay $220,000 to settle charges of violating the False Claims Act by engaging in a scheme to defraud Medicare by billing for equipment not properly authorized by a physician or not actually provided. DOJ (EDPA)

September 19, 2017

A judgment of roughly $296 million was awarded against the entities formerly known as Allied Home Mortgage Capital Corporation and Allied Home Mortgage Corporation and a judgment of roughly $25 million was awarded against Allied's president and CEO Jim Hodge, following a jury verdict that Allied and Hodge violated the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) for over a decade of fraudulent misconduct while participating in the Federal Housing Administration (“FHA”) mortgage insurance program.  According to the evidence presented at trial, Allied and Hodge abused the FHA mortgage insurance program by falsely certifying that thousands of high risk, low quality loans were eligible for FHA insurance and then submitting insurance claims to FHA when any of those loans defaulted.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  The whistleblower will receive an award from the proceeds of the government's recovery. DOJ (SDNY)

September 18, 2017

Utah-based Young Living Essential Oils pleaded guilty to federal misdemeanor charges regarding its illegal trafficking of rosewood oil and spikenard oil in violation of the Lacey Act and the Endangered Species Act.  The Company was sentenced to a fine of $500,000, $135,000 in restitution, a community service payment of $125,000 for the conservation of protected species of plants used in essential oils, and a term of five years’ probation. DOJ

September 18, 2017

The Alaska Department of Health and Social Services agreed to pay roughly $2.5 million to resolve allegations it violated the False Claims Act in its administration of the Supplemental Nutrition Assistance Program (SNAP), previously known as the Food Stamp Program.  According to the government, ADHSS contracted with Julie Osnes Consulting LLC to provide advice and recommendations designed to lower its SNAP quality control error rate and the company’s recommendations, as implemented by ADHSS, injected bias into ADHSS’s quality control process and resulted in ADHSS submitting inaccurate quality control data and information to USDA and receiving performance bonuses that it should not have received. DOJ
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