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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.

January 28, 2019

P.H. Glatfelter Company will pay $20.5 million to reimburse the Environmental Protection Agency for past costs and natural resource damages and future government costs of overseeing one of the nation’s largest cleanup projects at Wisconsin’s Lower Fox River and Green Bay Site. Glatfelter also agreed to take on responsibility for long-term monitoring and maintenance activities required by the EPA. The cleanup work will reduce the risks to humans and wildlife posed by polychlorinated biphenyls (PCBs) in bottom sediment of the Fox River and Green Bay. Paper companies like Glatfelter and Georgia-Pacific contaminated the sediment when they made and recycled a particular type of PCB-containing “carbonless” copy paper.

January 28, 2019

Jiongsheng (“Jim”) Zhao, of Sydney, Australia, a commodities trader at an Australian proprietary trading firm (Trading Firm A), pleaded guilty to spoofing in connection with his fraudulent and deceptive trading activity in the E-mini S&P 500 futures contracts market on the Chicago Mercantile Exchange (CME). Zhao admitted that from approximately July 2012 through March 2016, he placed thousands of orders for E-mini S&P 500 futures contracts on the CME that he intended to cancel before execution to artificially move the price of E-mini S&P 500 futures contracts in a direction that was favorable to Zhao to the detriment of other market participants. Trading Firm A kept a percentage of Zhao’s trading profits, ranging at various times from 20 percent to 50 percent.

January 28, 2019

Avanti Hospitals LLC and six of its owners will pay $8.1 million to settle claims that they violated the False Claims Act by submitting, or causing Avanti’s subsidiary, Memorial Hospital of Gardena, to submit false claims to the Medicare and Medicaid programs for medical services referred by a physician who received kickbacks and other improper payments from Gardena and other Avanti affiliates. The settlement partially resolves allegations originally brought in a whistleblower lawsuit filed by Dr. Joshua Luke, the former C.E.O. of Gardena Hospital.

January 28, 2019

Ademola O. Adebayo, of Odessa, FL, was convicted for his role in a massive compounding pharmacy fraud scheme through which he submitted false and fraudulent claims for compounded drugs and other prescription medications that were not medically necessary, never provided, or both. The evidence established that in his role as the pharmacist at A to Z Pharmacy, now-defunct, Adebayo conspired to submit or cause the submission of claims that often amounted to several thousands of dollars for a single tube of pain or scar cream. When the fraud was uncovered, Adebayo became the straw owner of Havana Pharmacy & Discount in Miami, where Adebayo and his co-conspirators continued the fraud. Adebayo personally benefited from the fraud and received $1.5 million.

January 28, 2019

Northrop Grumman Systems Corporation (NGSC) will pay $5.2 million to resolve allegations of False Claims Act liability for fraudulently billing labor under a contract with the United States Postal Service. NGSC, a provider of information and technology services, entered into an Enterprise Technology Services Contract with USPS, and allegedly billed work by personnel who lacked the experience and the education required under the contract.

January 28, 2019

Norma Zayas, of Miami, was sentenced to 51 months in prison for her role in a $4.66 million health care fraud scheme involving several Miami-area home health agencies, including Sunshine Home Health Services Inc., Empire Home Health Agency Inc., Mildred & Marce Home Health Care Services Inc., and Nursing Care PRN Inc., which purported to provide home health services to Medicare patients. Zayas must also pay $4,658,241.00 in restitution and forfeit $186,650.50. Zayas admitted that from approximately January 2010 through approximately January 2014, she operated Sunshine, Empire, and Mildred & Marce Home Health and paid kickbacks to patient recruiters in return for the referral of Medicare beneficiaries, many of whom did not need or qualify for home health services. She also paid kickbacks to patient recruiters who referred Medicare beneficiaries to Nursing Care PRN. As a result of false and fraudulent claims submitted as part of this conspiracy, Medicare made payments of nearly $4.66 million.

January 28, 2019

East Cost Stepping Stones, Inc., a behavioral services provider based in Jacksonville, Florida, has agreed to pay $360,000 to resolve allegations under the False Claims Act. The company was alleged to have falsely billed TRICARE for applied behavioral analysis therapy services for children with autism by misrepresenting the services provided and who provided them, failing to document services as required, and fabricating and altering medical records.

January 28, 2019

Universal Concrete Products Corporation, which subcontracted to provide precast concrete for the Dulles Metrorail Project, and its principal Donald Faust, Jr., will pay $1 million to resolve allegations under the False Claims Act that the company falsified test records to make it appear that concrete panels met the general contractor’s standards when they did not. In 2018, a UCP quality control employee pleaded guilty in related charges. The government’s investigation began with a qui tam case filed by an unidentified whistleblower.

January 28, 2019

A skilled nursing facility based in Orlando, Florida, Conway Lakes NC, LLC, and related entities and physicians, have agreed to pay $1.5 million to resolve allegations that they engaged in a unlawful kickback and referral scheme for Medicare and TRICARE beneficiaries. Conway Lakes was alleged to have contracted with orthopedic surgeon Kenneth Krumins under a sham “medical director” arrangement in violation of the Stark Law and Anti-Kickback Statute to induce him to refer patients for rehabilitation services. A former employee of Conway Lakes, Jonathan Montes de Oca, reported the arrangement by filing a qui tam case under the False Claims Act and will receive $267,000 of the proceeds.

January 22, 2019

Walgreens Co. will pay the U.S. and the State of Wisconsin $3.5 million to settle a case under the False Claims Act alleging that the retail pharmacy routinely dispensed stimulant medications to Wisconsin Medicaid beneficiaries without first verifying that the prescribing physician ordered the medication for medically appropriate treatment, such as treatment for attention deficit disorder. The case was initiated by unidentified whistleblowers, who will receive a share of the settlement to be determined.
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