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DOJ Enforcement Actions

					
The  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  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.

				

			

			
						
					
			

	
		
		

			

				
				
March 21, 2019

				 The University of Wisconsin-Madison has agreed to pay $1.5 million to settle allegations that it violated the False Claims Act in connection with federal grants used to fund engineering, healthcare, and scientific research. According to the DOJ, the university failed to credit the government for discounts and rebates it received on purchases, as it was required to do under award rules. 				 					 

						
Tagged in:
													  FCA Federal, 
													  Grant and Research Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 20, 2019

				 South Korean companies Hyundai Oilbank Co. Ltd. and S-Oil Corporation will plead guilty and pay $127 million in fines to resolve criminal and civil claims arising from the defendants’ alleged bid-rigging and price-fixing in contracts to supply fuel to U.S. military bases in South Korea.  The settlement, the second announced by DOJ in an ongoing investigation, resolves criminal conspiracy and antitrust claims, as well as civil antitrust and False Claims Act violations related to the bid-rigging conspiracy. 				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  Defense Contract Fraud, 
													  FCA Federal, 
													  Government Procurement Fraud, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 19, 2019

				 Ademola O. Adebayo was sentenced to 10 years in prison for his role in a huge $100 million compounding pharmacy scheme that defrauded private insurance companies, Medicare and TRICARE. Adebayo was also ordered to pay $3.2 million in restitution and $1.4 million in forfeiture, and properties, cars and a yacht have been sequestered as part of the sentencing. After a four-day trial on January 11, Adebayo was convicted on counts of conspiracy to commit health care fraud and wire fraud, and conspiracy to commit money laundering. Eight other defendants have pleaded guilty in connection with the scheme. 				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Medicare, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 15, 2019

				 Long Island chiropractor Raymond R. Pellegrino pleaded guilty to charges arising from his fraudulent billing of private insurance companies.   Pellegrino falsely billed Anthem Empire Blue Cross/Blue Shield over $2 million for services claimed to have been provided by doctors employed by him, when knew those services had not, in fact, been provided.  				 					 

						
Tagged in:
													  Chiropractic, 
													  Criminal Proceedings, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 15, 2019

				 Connecticut Behavioral Health Associates, P.C. and its principal, psychiatrist Bassam Awwa, who treat patients for substance abuse, will pay $3.3 million in a settlement with the federal government and Connecticut. Defendants allegedly billed Medicare and Medicaid for multiple drug screening tests per patient visit, instead of the single test authorized.  In addition, defendants submitted bills for urine alcohol screening that were already a component of the single test, and for definitive urine drug tests that were not actually performed.  				 					 

						
Tagged in:
													  Bundling and Unbundling, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Laboratory and IDTF, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 14, 2019

				 Former loan broker Loren Young Park pleaded guilty to bank fraud in connection with a scheme to obtain Section 7(a) loans guaranteed by the Small Business Administration loans on behalf of applicants who did not qualify for the loans.  Park and co-defendants submitted fraudulent documents in support of the loan applications, charged undisclosed fees, and failed to disclose interests they had in some of the applicants or their funding.  Park's plea agreement provides for a nine year prison sentence.  ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Government Loan Programs, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 14, 2019

				 The former owner and former COO of Atlanta-based Primera Medical Group, Shailesh Kothari and Timothy McMenamin, were sentenced to prison terms of 6.75 and 7.75 years, respectively, for their roles in submitting more than $8.5 million in fraudulent invoices to private insurance companies for allergy testing and allergy immunotherapy services that were never provided and were not medically necessary.  Defendants submitted bills using the NPIs of doctors who had not performed the tests and, in fact, had no knowledge of the services.  To cover up the fact that the services were not provided, defendants would create false laboratory reports for insurers and patients who requested them.  				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Private Insurance Whistleblower Reward Programs, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 13, 2019

				 Following an earlier guilty plea, Waveney Blackman, the owner of Washington, D.C. durable medical equipment company WaveCare Health Services, was sentenced to 3.5 years in prison for her role in submitting nearly $10 million in fraudulent claims to Medicaid for would care products that were not actually purchased and provided.  Blackman was also ordered to forfeit $9.4 million and pay restitution in the same amount.  ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Medical Billing Fraud, 
													  Medical Devices and DME, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 12, 2019

				 Lumber Liquidators agreed to pay $33 million in criminal fines and forfeitures for knowingly making false and misleading statements regarding formaldehyde emissions from laminate flooring imported by the company from China.  In March, 2015, 60 Minutes reported that laminate flooring sold by Lumber Liquidators in the United States did not meet California Air Resources Board (CARB) emission standards for formaldehyde and featured undercover videos and laboratory test results.  The company filed an SEC Form 8-K broadly denying the allegations in the 60 Minutes episode and asserting that Lumber Liquidators complied with CARB regulations. The statement, however, omitted material facts known to the company. The company also entered into a deferred prosecution agreement, agreeing to implement internal control procedures and cooperate with ongoing investigations.   In a separate agreement with the SEC, Lumber Liquidators will also disgorge over $6 million in profits and prejudgment interest, which amount will be credited against the criminal penalties.  ; ; .				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
													  Misrepresentations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
March 11, 2019

				 Having been charged in January, 2018, the former national managing partner for audit quality at firm KPMG LLP, David Middendorf, was convicted after trial for scheming to acquire and use information from the Public Company Accounting Oversight Board (the “PCAOB”) about which KPMG audits the PCAOB would be reviewing in the upcoming year. The PCAOB, which is overseen by the SEC, inspects the largest U.S. accounting firms on an annual basis, choosing a subset of the firm's audits for close inspection. Middendorf and others at KPMG conspired with PCAOB employees including co-defendant Jeffrey Wada, to obtain PCAOB's plans for inspections of KPMG audits, enabling KPMG to analyze and revise audit workpapers in an effort to improve KPMG's performance in PCAOB inspections. 				 					 

						
Tagged in:
													  Accounting Fraud, 
													  Criminal Proceedings, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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