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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.

				

			

			
						
					
			

	
		
		

			

				
				
September 20, 2018

				 The Texas A&M Research Foundation (TAMRF) has agreed to pay $750,00 to settle allegations that it violated the False Claims Act by charging various federal agencies for grant-related expenses not qualified to be paid under the rules of the grants. According to a whistleblower lawsuit filed by an undisclosed number of current employees, TAMRF's improper charges ranged from overstating salaries, to inflating expenses, to expenses for completely unrelated subjects and unapproved persons. Some of the agencies affected include the Department of Education (ED), Department of Energy (DOE), NASA, National Science Foundation (NSF), and Department of Transportation (DOT). 				 					 

						
Tagged in:
													  FCA Federal, 
													  Grant and Research Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 19, 2018

				 A physician and two clinic operators were convicted after trial for charges arising from a $17 million Medicare fraud scheme.  The doctor, John Ramirez, provided medical orders falsely certifying the need for home-health services, which the other defendants then sold to to home-health agencies in the Houston, Texas area.  These agencies then used the false and fraudulent paperwork signed by Ramirez to submit false claims to Medicare for medical services that were not medically necessary or not provided.  				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Lack of Medical Necessity, 
													  Medical Billing Fraud, 
													  Medicare, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 19, 2018

				 A nonprofit organization and its management company have agreed to pay $528,575.82 to settle False Claims Act-based allegations of grant fraud in connection with the Department of Justice's National Justice Information Sharing Initiative. In applying for grants, the National Association of State Chief Information Officers, Inc. (NASCIO) allegedly failed to follow rules requiring the disclosure of conflicts of interest relating to American Management Resources, Inc. (AMR), which if disclosed would have disqualified NASCIO from receiving any grants. 				 					 

						
Tagged in:
													  Defendants, 
													  FCA Federal, 
													  Grant and Research Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 19, 2018

				 Calloway Laboratories, Inc.—a Massachusetts-based clinical laboratory—has been ordered to pay a civil judgment of $1,374,058 to settle claims first brought to light by a former employee in a whistleblower lawsuit. The laboratory allegedly violated the Anti-Kickback Statute, Stark Law, and False Claims Act over the course of six months by providing free testing supplies to doctors in exchange for referrals and then submitting reimbursement claims for testing arising from these improper referrals to Medicare and TRICARE. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Laboratory and IDTF, 
													  Other Government Health Programs, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 19, 2018

				 Three men from three states have been indicted for allegedly conspiring to defraud more than 230 investors of more than $364 million in a classic Ponzi scheme, and in one of the largest ever charged in Maryland. Kevin B. Merrill, Jay B. Ledford, and Cameron Jezeierski of Maryland, Nevada, and Texas, respectively, allegedly persuaded investors across the country that they could make a profit by purchasing consumer debt portfolios that would either have their debt collected upon or be sold to other debt buyers. Instead, the defendants used the money to purchase expensive homes, boats, jewelry, and at least 25 cars, as well as lead a generally lavish lifestyle. To conceal the fraud, the defendants allegedly created fake debt selling companies, bank accounts, and brokers, and generated false contracts, records, and reports. They face both criminal charges from the DOJ and civil charges from the SEC, and if convicted, face both financial penalties as well as decades in prison for the combined charges. ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Ponzi Schemes, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 17, 2018

				 In the largest healthcare fraud case ever to come out of Mississippi, the co-owner of two Mississippi-based compounding pharmacies, Marco Bisa Hawkins Moran, has pleaded guilty to defrauding TRICARE of more than $22 million. As part of the fraud, Moran and others allegedly paid kickbacks to doctors and marketers to prescribe drugs for beneficiaries covered by TRICARE and other lucrative health benefit programs. Additionally, they allegedly selected formulas meant to maximize profits instead of benefit individuals, and submitted fraudulent reimbursement claims to TRICARE. The case spanned multiple states across the country, including California, Tennessee, Arkansas, and Connecticut, with twelve people charged and nine convicted so far. 				 					 

						
Tagged in:
													  Compounding Pharmacy Fraud, 
													  Other Government Health Programs, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 17, 2018

				 A father and son duo have been sentenced to decades in prison and are to pay over $1 million in restitution for defrauding small businesses, the Department of Agriculture (USDA), and the Small Business Administration (SBA). After being hired to help small businesses win contracts with the USDA, father Joseph Glenn Osborne, Sr. allegedly stole over half a million dollars paid to his clients and used the money to buy himself a mansion. Father and son then conspired with others to fraudulently win contracts with the same agency for son Joseph Glenn Osborne, II's business, and were awarded five contracts worth over $4 million. After the contracts were terminated for default—and company funds were used to fund renovations for the aforementioned mansion and extravagant nights out—they attempted to fraudulently win contracts with the SBA. 				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  Criminal Proceedings, 
													  Government Loan Programs, 
													  Set-Asides and Preferences, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 13, 2018

				 One of the owners of an unnamed compounded drug marketing company has pleaded guilty to defrauding a state employee health benefit plan. According to the complaint, over the course of a year, Robert Madonna and others bribed a number of state employees to obtain prescriptions for medically unnecessary but expensive compounded drugs, including vitamins and creams to manage fungus, pain, and scars. The alleged fraud caused more than $2 million in losses to the New Jersey State Health Benefits Plan. Madonna will now pay $2,092,791 in restitution and be sentenced early next year to a possible maximum of 10 years in prison and a $250,000 fine. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Compounding Pharmacy Fraud, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 12, 2018

				 Sonag Ready Mix, LLC and owner Nicholas Rivecca have agreed to pay $629,732 to settle claims under the False Claims Act of defrauding the Department of Transportation's Disadvantaged Business Enterprise (DBE) program, which gives socially and economically disadvantaged owners of small businesses a chance to compete for transportation-related government contracts. As ineligible applicants to the DBE program, the defendants allegedly got another entity, Nuvo Construction Company, Inc., certified and awarded contracts under the program, then did nearly all of the work for the contract and received all of the profits. 				 					 

						
Tagged in:
													  FCA Federal, 
													  Government Procurement Fraud, 
													  Set-Asides and Preferences, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 12, 2018

				 A New York based long-term care facility, Centers Plan for Healthy Living, has agreed to pay $1,650,000 to settle allegations that it violated the state and federal False Claims Acts in billing Medicaid for services not provided to Medicaid beneficiaries. The alleged fraud involved enrolling unqualified patients and failing to disenroll recently unqualified patients from a Medicaid-funded care program over the span of two and a half years. It was eventually exposed by an unnamed whistleblower. ; 				 					 

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

					
	
							
	
		
		
	


 			


											

						

								

									
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