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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 22, 2019

				 Walgreens Boots Alliance, Inc. will pay $60 million to settle a False Claims Act case brought by a whistleblower alleging that the retail pharmacy chain knowingly overcharged Medicaid when it charged the healthcare program more than "usual and customary price" for medications that participants in Walgreens "Prescriptions Savings Club" received at a lower price.  Of the settlement, approximately $32 million will be paid to the U.S. and $28 million to the affected states.  Whistleblower Marc D. Baker will receive a share of the total settlement, to be determined at a later date.  				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 22, 2019

				 Walgreens Boots Alliance, Inc. will pay $209.2 million to settle a False Claims Act case brought by two whistleblowers alleging that the retail pharmacy chain knowingly dispensed insulin pens to patients who did not need them, and billed Medicare, Medicaid, and other government insurance programs for those unnecessary items.  As part of the settlement, Walgreens admitted that it prevented pharmacists from dispensing fewer than five insulin pens at a time and altered records regarding dispensing information and days-of-supply so that patients received more insulin pens than they actually needed.  $168 million of the settlement will be paid to the U.S., and approximately $41.2 million to state governments. The whistleblowers, Adam Rahimi and S. Christopher Schulte, will receive a share of the total settlement, to be determined at a later date.  .  See also, , 				 					 

						
Tagged in:
													  Dosage Fraud, 
													  FCA Federal, 
													  FCA State, 
													  Pharma Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 10, 2019

				 Fiat Chrysler has agreed to pay over $500 million in fines and mitigation costs to settle civil claims by the U.S. and numerous states that it violated environmental and consumer protection laws by installing software and equipment in 100,000 diesel automobiles in order to circumvent emissions testing requirements.  The "defeat devices" caused Jeep Grand Cherokees and Ram 1500s to be within legal limits during emissions testing, but to exceed limits during ordinary operation.  The company will also implement a recall program to repair the non-compliant vehicles. For the states, California will receive $78.4 million, and the remaining 49 states, D.C, Puerto Rico, and Guam, will receive payments totaling $72.5 million.  ; ; 				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 Providence, Rhode Island-based Professional Ambulance, Inc., will pay $300,000 to resolve claims that it billed Medicare and Medicaid for ambulance services that were not medically necessary.  Specifically, the company transported dialysis patients, who require regular trips to and from a treatment facility, but many of whom were not eligible to travel by ambulance because they were sufficiently mobile.  				 					 

						
Tagged in:
													  Ambulance, 
													  Lack of Medical Necessity, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 The United States has partially intervened in a False Claims Act case initiated by a whistleblower against Wheeling Hospital Inc. along with Wheeling's management consultant R & V Associates Ltd., and Wheeling's CEO, Ronald Violi.  The defendants are alleged to have violated the Stark Law and Anti-Kickback Statute including through its payments to physicians based on referrals by those physicians and/or in excess of fair market value.  The whistleblower, Louis Longo, was previously Wheeling's executive vice president.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Healthcare Fraud, 
													  Hospital Fraud, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 Mortgage servicing company Compu-Link Corporation, also known as Celink, will pay $4.25 million to settle a False Claims Act case alleging that it improperly obtained FHA insurance payments on reverse mortgages under the Home Equity Conversion Mortgages program despite knowing that the mortgagees in question were not eligible to receive the FHA payments.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Housing and Mortgage Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 Vielka Maritza McFarlane, the founder and former CEO of Celerity Educational Group, a Los Angeles-based non-profit that owned and operated charter schools, has agreed to plead guilty for misappropriating public funds and falsely certifying that Celerity was complying with applicable rules and regulations.  McFarlane admitted that she directed approximately $2.5 million in public funds, including funds from the U.S. Department of Education, to improper uses.  				 					 

						
Tagged in:
													  Education Fraud, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 21, 2018

				 Randall Gilbertson was sentenced to 12 years in prison following his conviction on numerous counts related to his manipulation of the stock price of Dakota Plains Holdings, Inc., a company he founded, in a reverse merger of Dakota Plains into a publicly traded shell company, Malibu Club Tan.  Gilbertson was also ordered to pay restitution of over $15 million.   				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
													  Market Manipulation and Trading Violations, 
													  Misrepresentations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 20, 2018

				 Pain specialist Dr. Jonathan Daitch, a principal in Ft. Myers-based Advanced Pain Management Specialists, P.A., has agreed to pay more than $1.7 million to resolve allegations that he violated the False Claims Act.  Dr. Daitch caused Medicare and Tricare to be billed for medically-unnecessary urine drug testing performed at Advanced Pain's in-house laboratory.  In addition, Daitch received kickbacks for anesthesia services.  A co-owner of Advanced Pain, Dr. Michael Frey, previously agreed to pay $2.8 million to settle similar claims.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Lack of Medical Necessity, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 19, 2018

				 Multiple individual defendants associated with a fraud perpetrated against Minneapolis-area Starkey Laboratories, Inc., are facing sentencing following guilty pleas and convictions.  Jerome Ruzicka, the former president of Starkey, orchestrated a scheme to steal millions from the hearing aid company, including through the use of sham companies and dummy entities through which the defendants directed funds for their own benefit, and through the award of restricted stock in affiliated companies.  Ruzicka will be sentenced to seven years in federal prison.  				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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