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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 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				 					 

						
Tagged in:
													  FCA Federal, 
													  Medical Devices and DME, 
													  Off-Label and Unapproved Use, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 4, 2014

				 Asem Elgawhary, former Principal Vice President of Bechtel Corporation and General Manager of the Power Generation Engineering and Services Company (PGESCo), pleaded guilty in connection with a $5.2M kickback scheme intended to manipulate the competitive bidding process for state-run power contracts in Egypt. In his plea agreement, Elgawhary admitted that, from 1996 to 2011, he was assigned by Bechtel to be the general manager at PGESCo, a joint venture between Bechtel and Egypt’s state-owned and state-controlled electricity company (EEHC) and that he accepted a total of $5.2M from three power companies, which they paid to secure a competitive and unfair advantage in the bidding process. DOJ				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  FCPA, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 4, 2014

				 The U.S. District Court for the Central District of California entered a permanent injunction against Neptune Manufacturing Inc. to prevent the distribution of adulterated seafood products. This follows a complaint DOJ filed at the request of the U.S. Food and Drug Administration (FDA) alleging the company’s seafood products are produced under conditions that are inadequate to ensure the safety of its products. DOJ				 			
	
		
		
	


 			




	
		
		

			

				
				
December 3, 2014

				 Rite Aid Corporation agreed to pay $3M to resolve allegations it violated the False Claims Act by offering illegal inducements to Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite Aid pharmacies. The government alleged that from 2008 to 2010, Rite Aid had improperly influenced the decisions of Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite Aid pharmacies by offering them gift cards in exchange for their business. The charges originated in a whistleblower complaint filed by Jack Chin under the qui tam provisions of the False Claims Act. Chin will receive a whistleblower award of approximately $500,000. DOJ				 					 

						
Tagged in:
													  Drug and DME Pricing, 
													  FCA Federal, 
													  Pharma Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 2, 2014

				 Luis Duluc, a Florida owner and operator of multiple physical therapy rehabilitation facilities, was sentenced to serve 11 years in prison for his role in organizing a $28.3M Medicare fraud scheme involving physical and occupational therapy services. Duluc was chairman and president of a Delaware holding company known as Ulysses Acquisitions Inc. which was used to purchase comprehensive outpatient rehabilitation facilities and outpatient physical therapy providers, including West Coast Rehab Inc. in Fort Myers, Florida; Rehab Dynamics Inc. in Venice, Florida;Polk Rehabilitation Inc. in Lake Wales, Florida; and Renew Therapy Centerof Port St. Lucie LLC in Port St. Lucie, Florida. Duluc admitted that he and his co-conspirators paid kickbacks to obtain, and stole, the personal identifying information of Medicare beneficiaries and used this information to create and submit false claims to Medicare through the clinics owned by Ulysses Acquisitions. DOJ				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 1, 2014

				 Ohio’s former deputy treasurer Amer Ahmad and Chicago businessman Joseph Chiavaroli were sentenced to serve 15 years and 18 months in prison, respectively, for their roles in a bribery and money laundering scheme involving the Ohio Treasurer’s Office. DOJ				 			
	
		
		
	


 			




	
		
		

			

				
				
December 1, 2014

				 Kosei Tamura, a general manager for Japan-based auto radiator manufacturer T.RAD Co. Ltd., agreed to plead guilty and to serve one year in a U.S. prison for participating in a conspiracy to fix prices of radiators installed in cars sold to Honda Motor Co. Ltd. and certain of its subsidiaries in the US and elsewhere. In addition to the prison sentence, Tamura agreed to pay a $20,000 criminal fine and to cooperate with DOJ’s ongoing investigation. In November 2013, T.RAD pleaded guilty and was sentenced to pay a $13.75M criminal fine for its role in the conspiracy. Including today’s charges, 48 individuals have been charged in the ongoing investigation into price fixing and bid rigging in the auto parts industry. Additionally, 32 companies have pleaded guilty or agreed to plead guilty and have agreed to pay a total of more than $2.4 billion in fines. DOJ				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 1, 2014

				 Kazumi Umahashi, former General Manager of Japanese auto parts maker Mitsuba Corporation, agreed to plead guilty and serve 13 months in prison for conspiring to fix the prices and allocate the supply of windshield wiper systems and starter motors sold to Honda Motor Co. Ltd. and its subsidiaries and affiliates in the U.S. and elsewhere. He also agreed to pay a $20,000 criminal fine. In November 2013 Mitsuba pleaded guilty for its involvement in the conspiracy and agreed to pay $135M in criminal fines. Including today’s charges, 48 individuals have been charged in DOJ’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Additionally, 32 companies have pleaded guilty or agreed to plead guilty and have agreed to pay a total of more than $2.4 billion in fines. DOJ				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 1, 2014

				 Maricopa County Community College District (MCCCD) agreed to pay $4M to resolve allegations under the False Claims Act that it submitted false claims to the Corporation for National and Community Service concerning AmeriCorps state and national grants. The allegations first arose from a whistleblower lawsuit filed by MCCCD employee Christine Hunt under the qui tam provisions of the False Claims Act. She will receive a whistleblower award of $775,827. DOJ				 					 

						
Tagged in:
													  Defendants, 
													  FCA Federal, 
													  Grant and Research Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 1, 2014

				 North Atlantic Medical Services Inc., doing business as Regional Home Care Inc., agreed to pay $852,378 to resolve allegations it violated the False Claims Act by submitting claims to Medicare and Medicaid for respiratory therapy services provided by unlicensed personnel. NAMS is a medical device company based in Massachusetts that provides equipment and services for the treatment of respiratory ailments, such as oxygen deficiency and sleep apnea. According to the government, from September 2010 to January 2013, NAMS used unlicensed employees to set up sleep apnea masks and oxygen therapy equipment for patients in Massachusetts. The charges were initiated by former NAMS employees Konstantinos Gakis and Demetri Papageorgiou who filed a whistleblower action under the qui tamprovisions of the False Claims Act. They will receive a whistleblower award of $153,428. DOJ				 					 

						
Tagged in:
													  FCA Federal, 
													  Improper Medical Personnel, 
													  Medical Devices and DME, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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