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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.

				

			

			
						
					
			

	
		
		

			

				
				
June 23, 2021

				 El Paso Ear, Nose & Throat Associates (EPENT) has agreed to pay $750,000 to settle allegations of defrauding Medicaid, Medicare, and TRICARE.  In violation of the False Claims Act, EPENT allegedly billed the programs at a higher rate of reimbursement than what they were actually entitled to by upcoding evaluation and management codes.  USAO WDTX				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Medicare, 
													  Other Government Health Programs, 
													  Provider Fraud, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 17, 2021

				 Subject to court approval, CITGO Petroleum will pay $19.7 million to resolve federal and state claims for damages arising from the company’s 2006 discharge of untreated wastewater from its Lake Charles refinery into the Calcasieu River.  An earlier court proceeding had found that the spill was the result of CITGO’s gross negligence in the operation and maintenance of its wastewater treatment facility and the lack of adequate storage and treatment capacity, and that CITGO had failed inform the Coast Guard of the true nature of the incident.  DOJ				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 11, 2021

				 Two integrative chiropractic practices in Pennsylvania and their chiropractor owners have agreed to pay over $800,000 to resolve liability under the False Claims Act in connection with an electro-acupuncture device.  The settling parties are Discover Optimal Healthcare, affiliate Weigner Healthcare Management Group, LLC, and owner Jason Weigner (collectively, “Weigner”), and Yucha Medical Pain Management & Chiropractic Rehabilitation, LLC, and owners Randolph Yucha and Rodney Gabel.  Between 2016 and 2017, the parties allegedly billed Medicare and the Federal Employees Health Benefit Program for the surgical implantation of neuro-stimulators, even though the devices involved—ANSiStim—are not reimbursable and can be applied with adhesives.  USAO EDPA				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Medical Devices and DME, 
													  Medicare, 
													  Other Government Health Programs, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 10, 2021

				 Avis Budget Group Inc. and its wholly-owned brands—Avis Car Rental, Budget Car Rental, and Payless Car Rental—have agreed to a $10.1 million settlement to resolve allegations of overcharging the United States on rental cars, in violation of the False Claims Act.  According to the government, between 2014 and 2019, Avis submitted false claims and received payment for improper charges, including those that were already included as part of the government rental rate and unallowed supplemental costs such as insurance coverage and late turn-in fees.  USAO NJ				 					 

						
Tagged in:
													  Falsifying Invoices, 
													  FCA Federal, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 10, 2021

				 Three Texas-based healthcare providers who allegedly billed Medicare for non-reimbursable procedures involving electro-acupuncture devices have agreed to pay over $1 million in settle their liability under the False Claims Act.  For up to two years, each of the providers—Ledger Foot & Ankle, P.A., SPR Medical Group d/b/a Superior Physical Medicine, and Precision Spine and Pain Management—allegedly billed the application of two pain management devices, ANSiStim and STIVAX, as though they were implantable neurostimulators, when in fact their application was non-surgical and non-invasive.  Following a Medicare audit, Superior and Precision self-disclosed improperly billed claims and initiated refund payments to Medicare.  USAO WDTX				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Medical Devices and DME, 
													  Medicare, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 8, 2021

				 The chiropractor owner and operator of Texas-based Campbell Medical Group PLLC and Johnson Medical Group PLLC d/b/a Campbell Medical Clinic has agreed to pay $2.6 million to settle claims that she and the entities defrauded Medicare and TRICARE.  As part of the settlement, Suhyun An and her medical entities will be excluded from participating in federal healthcare programs for ten years.  Ms. An and the medical entities allegedly improperly obtained over $3.9 million in reimbursement for unbillable implantations of neurostimulator electrodes.  USAO SDTX				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Medical Devices and DME, 
													  Medicare, 
													  Other Government Health Programs, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 8, 2021

				 A North-Carolina-based company, Bio-Adhesive Alliance, Inc., has been ordered to pay nearly $900,000 in restitution for making false statements on grant applications submitted to the Environmental Protection Agency and National Science Foundation.  The false statements about employee roles and eligibility were made to obtain nearly $1.4 million in multiple Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) Program grants.  USAO MDNC				 					 

						
Tagged in:
													  FCA Federal, 
													  Grant and Research Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 7, 2021

				 An engineering firm in North Carolina, Contech Engineered Solutions LLC (Contech), has been ordered to pay $7 million in criminal fines and over $1.5 million in restitution to the North Carolina Department of Transportation (NCDOT).  Contech admitted that it conspired to rig bids and defraud the NCDOT, fraudulently obtaining contracts over a ten-year period.  DOJ charged a former Contech executive, Brent Brewbaker, as a co-defendant.  Brewbaker remains under indictment.  DOJ				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  Criminal Proceedings, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 4, 2021

				 Mark Sand & Gravel Co., a contractor on federally-funded road construction projects administered by the Minnesota Department of Transportation, has agreed to pay $1.75 million to settle claims under the federal and Minnesota False Claims Acts.  On three separate projects, Mark Sand & Gravel allegedly failed to follow contract specifications, used substandard gravel materials without authorization, and made false claims and statements regarding those materials.  USAO MN				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  FCA Federal, 
													  FCA State, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 4, 2021

				 Virginia-based 360 Patriot Enterprises, LLC and its former minority shareholder, Delaware-based 360 Ventures LLC have agreed to pay $1.12 million to resolve allegations that they fraudulently obtained two U.S. Army contracts intended for service-disabled veteran-owned small businesses (SDVOSB).  At the time the contracts were awarded (between 2015 to 2017), 360 Patriot was not controlled by a qualified SDVOSB.  USAO EDVA				 					 

						
Tagged in:
													  Defense Contract Fraud, 
													  FCA Federal, 
													  Government Procurement Fraud, 
													  Set-Asides and Preferences, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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