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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 30, 2016

A $6.15 million judgment was entered against Maryland-based home health care agency Speqtrum Inc. for violating the False Claims Act through a "massive and routine pattern of fraud by high-level employees" including the forging of necessary signatures and the falsification of timesheets.  DOJ (DC)

September 29, 2016

New York-based alternative investment and hedge fund manager, Och-Ziff Capital Management Group LLC, and its wholly-owned subsidiary OZ Africa Management GP LLC, agreed to pay a criminal penalty of more than $213 million to settle charges of violating the False Claims Act in connection with a widespread scheme involving the bribery of officials in the Democratic Republic of Congo and Libya.  According to the government, it is the first time a hedge fund has been held to account for violations of the FCPA.  DOJ

September 29, 2016

Wells Fargo Bank N.A., doing business as Wells Fargo Dealer Services, agreed to change its policies and pay over $4.1 million to resolve allegations that it violated the Servicemembers Civil Relief Act by repossessing 413 cars owned by protected servicemembers without obtaining a court order.  DOJ

September 29, 2016

North Carolina-based Branch Banking & Trust Company agreed to pay $83 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s Federal Housing Administration that did not meet applicable requirements.  As part of the settlement, BB&T admitted that it certified for FHA insurance mortgage loans that did not meet HUD underwriting requirements and did not adhere to FHA’s quality control requirements.  DOJ

September 29, 2016

Chemoil Corporation agreed to retire 65 million renewable fuel credits to resolve alleged violations of the Renewable Fuel Standard program.  The current market value of the credits -- along with an additional 7.7 million renewable identification numbers already retired by Chemoil in the lead up to this settlement -- is more than $71 million.  Chemoil also will pay a $27 million civil penalty under the settlement, the largest in the history of the EPA’s fuel programs.  The RFS program requires exporters to retire RINs for renewable fuel like biodiesel, because the fuel exported is no longer available for blending into United States’ fossil fuel supply and, for that reason, cannot be used to meet the renewable fuel volume mandate established by Congress.  If exporters fail to retire the appropriate number and type of RINs associated with the exported fuel, it artificially inflates the volume of renewable fuel available for blending in this country and the number of RINs available to meet the renewable fuel volume mandate.  According to the government, ensuring exporters comply with the regulations for RIN retirement is critical to the proper functioning and integrity of the RFS program.  DOJ

September 28, 2016

Pennsylvania-based hospital chain Vibra Healthcare LLC agreed to $32.7 million to resolve claims it violated the False Claims Act by billing Medicare for medically unnecessary services.  According to the government, Vibra admitted numerous patients to five of its long term care hospitals and one of its inpatient rehab facilities who did not demonstrate signs or symptoms that would qualify them for admission.  In addition, Vibra allegedly extended the stays of its long term care patients without regard to medical necessity, qualification and/or quality of care.  In some instances, Vibra allegedly ignored the recommendations of its own clinicians, who deemed these patients ready for discharge.  The allegations originated in a whistleblower lawsuit filed by Sylvia Daniel, a former health information coder at Vibra Hospital of Southeastern Michigan, under the qui tam provisions of the False Claims Act.  She will receive a whistleblower award of at least $4 million from the proceeds of the government's recovery.  Whistleblower Insider

September 27, 2016

Ralph J. Cox III, the former CEO South Carolina-based Tuomey Healthcare System, agreed to pay $1 million to settle charges of violating the Stark Law from his involvement in the hospital’s illegal Medicare and Medicaid billings for services referred by physicians with whom the hospital had improper financial relationships.  The illegal physician arrangements resulted in a $237.4 million judgment against Tuomey which DOJ ultimately resolved against Tuomey for payments totaling $72.4 million.  The hospital was subsequently sold to Palmetto Health, a multi-hospital healthcare system based in Columbia, South Carolina.  DOJ

September 27, 2016

Kirby Inland Marine L.P. agreed to pay $4.9 million in Clean Water Act civil penalties and to implement fleet-wide operational improvements to settle claims stemming from a 4,000-barrel oil spill in the Houston Ship Channel in March 2014.  DOJ

September 22, 2016

A federal jury in Los Angeles convicted Michael Huynh, the owner of a California medical clinic, for his role in a health care fraud scheme and for filing false income tax returns. Evidence at trial showed that Huynh provided false prescriptions to a pharmacist and co-conspirator, Farhad N. Dany Sharim, who submitted false claims to insurance companies for drugs that were never dispensed.  DOJ

September 21, 2016

Michigan doctor Hussein Awada agreed to pay $200,000 to resolve charges he violated the False Claims Act by writing prescriptions for oxycodone and other controlled medications and billing for medical services without medical justification.  According to the government, Awada conspired with patient “marketers” to write prescriptions for tens of thousands of dosages of oxycodone and other controlled medications for no medical purpose and then used the patient data to submit bills to Medicare for services that were either never performed or were medically unjustified.  Awada also caused these same patients to receive medically unnecessary monthly x-rays, and other invasive tests, to help conceal his fraud.  Awada previously pled guilty to these charges and was sentenced to 84 months in prison and pay $2.3 million in restitution.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Heather Henson, who worked as a receptionist for Awada at his medical practice.  She will receive a whistleblower award of $36,000.  DOJ (EDMI)
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