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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.

				

			

			
						
					
			

	
		
		

			

				
				
August 10, 2016

				 Douglas daCosta agreed to pay $40,000 to resolve allegations that he submitted false claims to the government for paid sick leave when he worked as a federal law enforcement agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives.  According to the government, daCosta claimed more than 80 days of paid sick leave for which he was not eligible, and at the same time he was feigning illness he was working in the private sector.  DOJ				 			
	
		
		
	


 			




	
		
		

			

				
				
August 9, 2016

				 Chevron Mining Inc. agreed to pay $143 million in cleanup work at the Chevron Questa Mine Superfund site near Questa, New Mexico under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund.  DOJ				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 9, 2016

				 John Bennett, the former chief executive at Bennett Environmental Inc., a Canada-based company that treats and disposes of contaminated soil, was sentenced to serve 63 months in prison and pay roughly $3.8 million in restitution in connection with the payment of kickbacks to obtain subcontracts at a New Jersey Superfund site overseen by the EPA and Army Corps of Engineers.  According to court documents, Bennett conspired with others at Bennett Environmental to pay kickbacks, that included money wired to a co-conspirator’s shell company, lavish trips and entertainment expenses and personal gifts in an effort to guarantee the award of soil treatment contracts to his company.  As a result, Bennett Environmental was fraudulently awarded tens of millions of dollars in soil treatment and disposal contracts and the company won contracts at higher prices than it otherwise would have bid.  DOJ				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 9, 2016

				 Tokyo-based Hitachi Automotive Systems Ltd. agreed to plead guilty and pay a criminal fine of at least $55 million for its role in a conspiracy to allocate markets, fix prices and rig bids for shock absorbers installed in automobiles sold to U.S. consumers.  DOJ				 			
	
		
		
	


 			




	
		
		

			

				
				
August 8, 2016

				 HSBC Finance Corporation, as successor to HSBC Auto Finance Inc., agreed to pay $434,500 to resolve allegations that it violated the Servicemembers Civil Relief Act by repossessing 75 cars owned by protected servicemembers without obtaining the necessary court orders.  DOJ				 					 

						
Tagged in:
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 8, 2016

				 The Estate of Dr. Kenneth Michael Rice and Texas-based physician practice management group UMC Physicians agreed to pay roughly $3.3 million to settle charges of violating the False Claims Act for billing Medicare/Medicaid for in-person evaluation and management services at the higher physician fee rate when the services were not provided by physicians.  They also allegedly billed normal evaluation and management services to Medicare at the higher critical-care rate.  DOJ (NDTX)				 					 

						
Tagged in:
													  FCA Federal, 
													  Improper Medical Personnel, 
													  Provider Fraud, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 8, 2016

				 Sherman Hills Realty LLC and Park Management LLC agreed to pay $125,000 to resolve allegations of violating the False Claims Act by failing to provide qualifying tenants with utility reimbursement funds provided to Sherman by the Department of Housing and Urban Development to be disbursed to low and no income tenants at the Sherman Hills Apartments in Wilkes-Barre, Pennsylvania.  DOJ (MDPA)				 					 

						
Tagged in:
													  FCA Federal, 
													  Housing and Mortgage Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 5, 2016

				 A series of anesthesia businesses collectively known as Sweet Dreams Nurse Anesthesia agreed to pay roughly $1 million to settle charges they violated the False Claims Act, Anti-Kickback Statute and Georgia False Medicaid Claims Act by paying unlawful kickbacks to health care providers for referrals.  According to the government, one alleged scheme involved Sweet Dreams’ provision of free anesthesia drugs to ambulatory surgery centers (ASCs) in exchange for granting Sweet Dreams an exclusive contract to provide anesthesia services at those ASCs.  A second alleged scheme allegedly involved the agreement of an affiliate of Sweet Dreams to fund the construction of an ASC in exchange for contracts for Sweet Dreams’ selection as the exclusive anesthesia provider.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Adam Nauss.  He will receive a yet-to-be-determined whistleblower award from the proceeds of the government's recovery.  DOJ (MDGA)				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  FCA State, 
													  Medicaid, 
													  Medicare, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 1, 2016

				 Houston-based cargo handling company Jacintoport International LLC and its Miami-based ocean transport affiliate Seaboard Marine Ltd. agreed to pay $1.075 million to settle charges they violated the False Claims Act in connection with a warehousing and logistics contract for the storage and redelivery of humanitarian food aid.  Specifically, the government alleged that Jacintoport, under the supervision and control of Seaboard, charged ocean carriers more for stevedoring than permitted to load over 50,000 tons of humanitarian food aid, and these inflated stevedoring charges were subsequently lumped into other costs for delivering humanitarian food aid and passed on to the government.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by John Raggio, a shipping contractor who allegedly received an invoice from Jacintoport that contained the excessive stevedoring charge.  He will receive a whistleblower award of $215,000 from the proceeds of the government's recovery.  DOJ				 					 

						
Tagged in:
													  FCA Federal, 
													  Government Procurement Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 1, 2016

				 St. Joseph’s Hospital Health Center agreed to pay $3.2 million to resolve allegations it violated the federal False Claims Act and New York False Claims Act by billing the state Medicaid program for mental health services provided by unqualified staff.  Specifically, the government alleged that St. Joseph's billed Medicaid for mobile-crisis outreach services that failed to comply with Comprehensive Psychiatric Emergency Program (CPEP) staffing requirements.  The allegations originated in a whistleblower lawsuit filed by registered nurse Catherine Lembo under the qui tam provisions of the federal and New York False Claims Acts.  Ms. Lembo will receive a whistleblower award of $560,000 from the proceeds of the government’s recovery.  Whistleblower Insider				 					 

						
Tagged in:
													  FCA Federal, 
													  FCA State, 
													  Hospital Fraud, 
													  Improper Medical Personnel, 
													  Medicaid, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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