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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.

				

			

			
						
					
			

	
		
		

			

				
				
December 4, 2018

				 Medical device-maker LivaNova USA, Inc. has agreed to pay $1.87 million to resolve claims that it paid improper kickbacks to physicians who were among the largest referrers of patients for LivaNova's implanted epilepsy device.  The payments took the form of "speaking fees" for the doctors, although the doctors who received them were primarily speaking to their own staffs.  Ashley Case, a former employee of LivaNova, initiated the investigation by filing a case under the False Claims Act; she will receive an unspecified share of the settlement.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  FCA State, 
													  Medical Devices and DME, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 4, 2018

				 The New York law firm of Rosicki, Rosicki & Associates, P.C., and two firms affiliated with it, have agreed to settle a False Claims Act action alleging that in performing legal work including foreclosure and eviction services for the Federal National Mortgage Association (Fannie Mae) and the Veterans Administration, the entities submitted bills for costs that were not actual, reasonable, and necessary.  Instead, the false claims for payment included improper mark-ups and other unauthorized charges.  Defendants will pay a total of $6.1 million to the United States, and have agreed to implement a compliance program.  The case was originally brought by whistleblower Peter D. Grubea.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Government Procurement Fraud, 
													  Housing and Mortgage Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 3, 2018

				 Feng Qin, M.D., a vascular surgeon who in 2015 settled claims that he performed medically-unnecessary vascular surgeries, has again been charged with such unlawful practices.  As reported by an unidentified whistleblower who brought a case under the False Claims Act, Qin routinely scheduled patients for surgeries months in advance, regardless of whether there was a justifiable clinical reason for the surgery.  At times, Qin would alter medical records.  Qin would then bill Medicare for these procedures, despite his knowledge that procedures on patients that are not medically reasonable and necessary are not covered by Medicare.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Lack of Medical Necessity, 
													  Provider Fraud, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 30, 2018

				 As part of an ongoing investigation into price fixing in the international freight forwarding industry, Roberto Dip and Jason Handal, executives in a Louisiana-based freight forwarding company, pleaded guilty to charges arising from a conspiracy between competitors to fix prices for freight forwarding services.   Dip and Handal also agreed to cooperate with the ongoing investigation.  				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 28, 2018

				 Edwin Fujinaga, the former president and CEO of MRI International, Inc., which purported to be a medical collections and investment company, was convicted after a five-week trial for his role in a $1.5 billion ponzi scheme. Fujinaga solicited investments from over 10,000 Japanese residents, promising investors that their funds would be used to purchase medical debt. In fact, less than two percent of investor funds were used to purchase medical claims.  Fujinaga diverted the remainder for personal use and to pay off earlier investors.  In 2013, the Japanese government revoked MRI's license to market securities.   Subsequent sentencing.				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Misrepresentations, 
													  Ponzi Schemes, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 28, 2018

				 Dr. Thomas Baker, Dr. Carolyn Kochert, Dr. Larry L. Zhou, and Dr. Julie Y. Chao, have agreed to settle with the United States Government for violation of the Federal False Claims Act, the Physician Self-Referral law (“Stark”), and the Anti-Kickback Statute due to their involvement in a kickback scheme with Southwest Laboratories and Medscan Laboratory, thus causing false claims to be submitted to Medicare. The four physicians will pay a total amount of over $1.5 million. The individual amounts paid are as follows: Dr. Baker, of Tennessee - $484,481.80; Dr. Kochert, of Indiana - $129,682.84; Dr. Zhou, of Kentucky - $277,758.18; Dr. Chao, of Indiana - $650,000. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Laboratory and IDTF, 
													  Medicare, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 27, 2018

				 Twelve individuals have been charged by a federal grand jury in a 22-count indictment related to a multi-year conspiracy to defraud the Pennsylvania Medicaid Home Care Program. The indictment lists a multitude of fraudulent acts by the defendants, alleging that they: submitted false claims for services that were not provided, misused consumers’ personal identifying information, provided false documentation during state audits, and even submitted claims to Medicaid for home care services for consumers who were hospitalized or no longer alive. Ten of the defendants reside in Western Pennsylvania, one is a resident of Georgia, and the twelfth defendant is a resident of South Carolina. Between January 2011 and April 2017, the conspirators, who owned and operated the home health care companies, received more than $87,000,000 in Medicaid payments.  The conspiracy and health care fraud charges each carry a maximum total sentence of 10 years in prison, a fine of $250,000, or both.  				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Medicaid, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 27, 2018

				 Following a guilty plea for receiving over $1 billion in bribes, the former Venezuelan national treasurer, Alejandro Andrade Cedeno ("Andrade"), was sentenced to ten years in prison and agreed to a forfeiture money judgment of $1 billion.  Andrade received the bribes in cash as well as private jets, yachts, cars, homes, champion horses, and high-end watches, in exchange for selecting the bribers to conduct currency exchange transactions for the Venezuelan government. 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  FCPA, 
													  Financial and Investment Fraud, 
													  Money Laundering, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 27, 2018

				 Greek shipping companies Avin International LTD and Nicos I.V. Special Maritime Enterprises will pay a $4 million criminal fine for their actions in discharging oil in the ports of Houston and Port Arthur in violation of the Clean Water Act.  The discharges were not recorded in oil record books as required under MARPOL and the Act to Prevent Pollution from Ships.  				 					 

						
Tagged in:
													  Environmental Fraud, 
													  Ocean Dumping, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 26, 2018

				 Vital Energy Occupational Therapy and Wellness Center, LLC agreed to pay $200,000 to settle charges that between 2013 and 2016 it submitted false claims for physical and occupational therapy services.  The therapy practice was alleged to have submitted claims to Medicare and Medicaid for individual therapy services, when group therapy was actually provided, and claims for therapy services with false practitioner information using the names of former employees.  Whistleblower Ashley C. Baggett, who filed the False Claims Act action, will receive $36,000.  				 					 

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

					
	
							
	
		
		
	


 			


											

						

								

									
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