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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.

				

			

			
						
					
			

	
		
		

			

				
				
February 6, 2019

				 Georgia-based Union General Hospital has agreed to pay $5 million to settle allegations that from 2012 to 2016, it billed Medicare for services stemming from improper financial relationships with physicians, in violation of the Stark Law and the False Claims Act. The misconduct was uncovered during an internal investigation sparked by a federal investigation into an unrelated matter; UGH then voluntarily self-disclosed details of the instant case to the U.S. Attorney's Office. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Hospital Fraud, 
													  Medicare, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 5, 2019

				 Tennessee Health Management, Inc (THM) has agreed to pay over $9.7 million to settle fraud allegations, with over $5 million going to the United States and over $4 million going to the State of Tennessee. From 2010 to 2017, the skilled nursing facility management company allegedly submitted claims with false physician certifications to the state's Medicaid Program, TennCare, in violation of TennCare's rules as well as the False Claims Act. As part of the settlement, THM has also agreed to sign a Corporate Integrity Agreement. 				 					 

						
Tagged in:
													  Certifications, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medicaid, 
													  SNF, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 5, 2019

				 The former chairman and CEO of a pharmaceutical manufacturing company has been convicted of engineering an elaborate fraud on two banks that eventually led one to collapse and the other to suffer $1 million in losses. According to the DOJ, Jack Kachkar of Inyx Inc entered into a series of loan agreements with Westernbank of Puerto Rico—at the time one of the largest banks in Puerto Rico—that were backed by Inyx's assets, including accounts receivable. He then caused his employees to present tens of millions of dollars of fake invoices and misrepresented the worth of his personal collateral in order to induce $142 million in loans. When the bank finally declared the loans in default two years later, in June 2007, it suffered $100 million in losses, which led directly to its collapse. In a separate scheme, Kachkar deposited a fraudulent $3 million check at Mellon United National Bank of Miami, purportedly from the sale of a private jet (which he'd bought with money diverted from the Westernbank loan). Once the provisional credit cleared, he wired it all out and then refused to reverse the wire, causing the bank to suffer $1 million in losses. He now faces a federal judge for sentencing in April. ; 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 5, 2019

				 Eurofins Lancaster Laboratories Environmental LLC has agreed to pay the United States $135,742 after self-disclosing that it had improperly billed the U.S. Army $67,871 for 1,436 test results that it later discovered were improperly altered by an employee. Since coming forward about the misconduct, the Pennsylvania branch of the international laboratory testing provider has fired the employee, retested the samples in question, and worked with the government and other regulators to implement preventative measures on similar misconduct. 				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  FCA Federal, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 5, 2019

				 Two doctors from the Florida-based Fishman & Sheridan Eye Care Specialists clinic have agreed to pay a combined $157,312.32 to settle their liability under the False Claims Act. Drs. Craig D. Fishman and Jeffrey A. Sheridan were outed in a qui tam complaint filed by former business partner Dr. Michael Pennachio and office manager Sharon Drake, which alleged that from 2011 to 2017, Fishman and Sheridan knowingly billed Medicare for blepharoplasty and ptosis repair surgeries that were purportedly performed on the same patients, even though they are mutually exclusive eyelid repair surgeries. For exposing the fraud, Pennachio and Drake will receive a relator's share of $26,000. 				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Medicare, 
													  Provider Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 4, 2019

				 Compounding pharmacy Pentec Health, Inc., which sells a drug Proplete for nutrition support for patients with end stage renal disease, has agreed to pay $17 million to settle claims under the False Claims Act.  Pentec was alleged to bill federal healthcare programs for product wasted during the compounding of Proplete, and for Proplete that was not medically necessary or was not actually received by patients, routinely waiving patient copays and deductibles to induce the prescription of the drug.  Pentec also entered into a corporate integrity agreement and will be excluded from participation on federal healthcare programs.  The case was initiated by whistleblower Jean Brasher, a former employee of Pentec, who will receive an undisclosed share of the settlement. 				 					 

						
Tagged in:
													  Compounding Pharmacy Fraud, 
													  FCA Federal, 
													  Lack of Medical Necessity, 
													  Pharma Fraud, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 1, 2019

				 Ali Jama, co-owner of Alpha Star Health Care Inc., was sentenced to 18 months in prison for health care fraud and tax fraud schemes against Medicare and Medicaid. Jama billed the government for services performed by unqualified individuals with criminal backgrounds who were prohibited from providing direct care. Jama also billed for services provided by untrained home health aides and provided false documents and false records for his taxes to reduce his company’s tax liability from approximately $680,000 to $81,000. Jama has been ordered to forfeit $300,000 and pay $392,000 in restitution to Medicaid. He must also pay the IRS $311,000 in restitution. 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Improper Medical Personnel, 
													  Medicaid, 
													  Medicare, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 31, 2019

				 A North Carolina jury found Robert Leslie Stencil and Michael Allen Duke guilty of money laundering and mail and wire fraud for their roles in a five-year multi-million dollar high-yield investment fraud. According to the prosecution, Stencil, Duke and their co-conspirators sold millions of dollars of worthless stock in a sham company named Niyato Industries Inc. (Niyato). Stencil, Duke and their co-conspirators sold approximately $2.8 million in stock to around 140 victims, many of whom were elderly. 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 31, 2019

				 The University of Texas Health Science Center (UTHSC) at Houston paid $2,396,769.76 to resolve allegations that its Human Genetics Center misappropriated grant funds the NIH provided for research related to the impact of genomic variation on individual health and the health of families and populations. The government began its investigation after receiving a tip that the Genetics Center had misappropriated funds to avoid returning unused funds to the NIH. 				 					 

						
Tagged in:
													  Grant and Research Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 31, 2019

				 Samuel Brown of Idaho was sentenced to three years of probation and ordered to pay restitution of $22,237 for participating in a market manipulation scheme involving the stock of Endeavor Power Corp. He was also found to have made false statements to the SEC in connection with its investigation of the fraud scheme. 				 					 

						
Tagged in:
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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