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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 18, 2014

Former Department of Defense civilian employee Jonathan M. Hargett was sentenced today to serve 40 months in prison and to pay $2.2M in restitution for his participation in a health care fraud scheme in which he collected over $2.2M from fraudulent claims for federal health care benefits. DOJ

December 18, 2014

Robert L. Holloway, former CEO of US Ventures LC, was sentenced to 225 months in prison and to pay $15.2M in restitution for orchestrating a $33M Ponzi scheme resulting in $15.2M in losses to investors.DOJ

December 18, 2014

Houston investment manager Robert Andres was sentenced to 56 months in prison and to pay more than $3.2M in restitution for orchestrating a $72M investment fraud scheme resulting in approximately $40M in losses to investors. According to his guilty plea, between October 2005 and 2011, Andres recruited investors for Winsome Investment Trust, where he served as the sole manager, attorney and trustee, by misrepresenting Winsome’s assets, asset allocation and the manner in which investor funds were invested. Andres also misappropriated approximately $2.2M in investor money for personal use, including to pay his hotel bills and living expenses. DOJ

December 17, 2014

New York-based cosmetics giant Avon Products Inc.and its wholly owned subsidiary Avon Products (China) Co. Ltd. pleaded guilty to violating the Foreign Corrupt Practices Act (FCPA) by making and concealing illicit payments to Chinese government officials to secure business there. The company agreed to pay more than $135M in criminal and regulatory penalties to resolve the charges. According to the government, from at least 2004 through 2008, Avon and Avon China conspired to falsify Avon’s books and records by falsely describing the nature and purpose of certain Avon China transactions. Specifically, the companies sought to disguise more than $8 million worth of gifts, travel, meals and entertainment that Avon China executives gave to Chinese officials. The Avon entities will pay $68M in criminal penalties and another $67M in related FCPA matter it settled with the SEC. Whistleblower Insider

December 17, 2014

Former CEO Benito Chinea and former managing director Joseph De Meneses of a US broker-dealer which established a group called Global Markets Group pleaded guilty to violating the Foreign Corrupt Practices Act (FPCA) and the Travel Act by bribing senior official in Venezuela’s state economic development bank in return for trading business that generated more than $60M. Chinea and De Meneses also agreed to pay $3.6M and $2.7M, respectively. DOJ

December 17, 2014

Mark Morad and Dr. Divini Luccioni, both of Louisiana, pleaded guilty to their role in a $56M Medicare fraud scheme. According to court documents, Morad directed the scheme through multiple New Orleans-area companies he owned, including Interlink Health Care Services Inc.,Memorial Home Health Inc., Lakeland Health Care Services Inc., Lexmark Health Care LLC, and Med Rite Pharmacy Inc. Morad paid kickbacks to recruiters who canvassed New Orleans neighborhoods for Medicare beneficiary numbers, which Morad then used to bill Medicare for services that were not medically necessary or not provided. Dr. Luccioni admitted that he signed home health referrals and wrote DME prescriptions that were used to support these fraudulent billings. DOJ

December 17, 2014

Barry Steinlight, the owner and president of dietary supplement manufacturing company Raw Deal, Inc., pleaded guilty to a scheme in which he directed the sale of diluted and adulterated dietary ingredients and supplements. From at least 2009 through November 2013, Steinlight instructed Raw Deal employees to add “fillers” to the dietary ingredients and supplements sold to Raw Deal’s customers. DOJ

December 15, 2014

Alaska and Virginia-based technology contractors Eyak Technology LLC and Eyak Services LLC agreed to pay $2.5M to settle charges of alleged False Claims Act and Anti-Kickback Act violations. According to the government, from 2005 to 2011 EyakTek held a $1 billion prime contract with the U.S. Army Corps of Engineers and EyakTek’s then-director of contracts, Harold Babb, accepted kickbacks from several subcontractors of EyakTek and ESL in return for using his position to direct subcontracts to them. In March 2012, Babb pleaded guilty to bribery and kickback charges and was sentenced to 87 months in prison and to pay more than $9M. DOJ

December 10, 2014

Dallas Airmotive Inc., a provider of aircraft engine maintenance, repair and overhaul services, admitted to violating the Foreign Corrupt Practices Act (FCPA) and agreed to pay a $14M criminal penalty to resolve charges it bribed Latin American government officials in order to secure lucrative government contracts there. According to Dallas Airmotive’s admissions, between 2008 and 2012, the company bribed officials of the Brazilian Air Force, the Peruvian Air Force, the Office of the Governor of the Brazilian State of Roraima, and the Office of the Governor of the San Juan Province in Argentina. DOJ

December 8, 2014

Medical products manufacturer OtisMed Corp and its former CEO Charlie Chi admitted to intentionally distributing knee replacement surgery cutting guides (called the OtisKnee) after the Food and Drug Administration (FDA) had rejected their application for marketing clearance. OtisMed agreed to pay more than $80M to resolve its related criminal and civil liability for distributing an adulterated medical device in violation of the Food, Drug, and Cosmetic Act (FDCA), and submitting fraudulent claims in violation of the False Claims Act. Whistleblower Insider
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